CIL is a financial levy recovered by the planning authority where a particular type of development is granted and implemented. It is governed by a complicated set of regulations and where planning permission is granted, liability for payment of CIL can be triggered. CIL can be a significant financial liability. We can advise on ways to mitigate liability both in terms of cash flow implications and entitlement to exemptions and reliefs.
Not all local planning authorities seek to recover CIL where permission for relevant development is granted, however, the majority do or are in the process of adopting CIL. Therefore, an understanding of liability (or potential liability) when applying for planning permission is crucial, particularly where the financial viability for a development may be marginal. In circumstances where a development includes a requirement for planning obligations (through a S106 Agreement) certain obligations for infrastructure must not be requested by a local planning authority in circumstances where the authority has stated that the finance for that infrastructure will be collected through their adopted CIL schedule. In circumstances where financial viability is marginal, obligations within a S106 Agreement may be reduced - however, the payment of the CIL is non-negotiable.
Our team has a wealth of experience in dealing with the Community Infrastructure Levy Regulations. We can advise on liability, the correct calculation for CIL, exemptions and reliefs. As part of your application for development we can also advise on mechanisms to ensure that liability is mitigated, either in terms of the amount payable or the timing and deferral of payments .
Frequently Asked Questions
Am I liable to pay CIL?
If the Local Planning Authority has adopted CIL, then your proposed development may be liable. However, you may be entitled to exemptions or reliefs. Where your development proposal includes the extension of a property, a self-build project, affordable housing or you have charitable status, you may be entitled to a full or partial exemption. If you are demolishing or re-using existing buildings, you may be entitled to reductions in the amount of CIL payable. Contact a member of our team for further advice or assistance on any queries relating to CIL.