Just a short note to remind those of you whose projects involve CIL that there are changes which came into force on 1st September 2019 as a result of the Community Infrastructure Levy (Amendment) (England) (No2) Regulations 2019. These can be summarised as:
- Removal of regulation 123 and the lifting of the restriction on the pooling of funds for a single infrastructure project;
- New consultation requirements for charging schedules;
- The introduction of Infrastructure Funding Statements and CIL rate summaries;
- New provisions regarding Section 73 permissions and CIL liability;
- Amendments to regulation 122 to make provision for monitoring fees in planning obligations.
To many the above will mean, most likely, absolutely nothing. For those of you who are new to the concept of CIL it is essentially a charge which can be levied by local authorities on new development in their area. It is a tool which is used for local authorities to help them deliver infrastructure to help support development in an area. Most new development which creates a net additional floor area of 100 square metres or more, or creates a new dwelling, is potentially liable for the levy. Whilst there are some reliefs and exceptions, including development by “self-builders”, strict criteria must be met.
If you are planning a project which may be CIL liable, please do take appropriate advice. There are penalties, albeit reduced as a result of this legislation, for failure to submit notices before commencing building. Amending an existing planning permission under Section 73 may also increase or decrease (or indeed trigger) CIL liability. A mistake relating to CIL could be very costly so, if in doubt please ask and seek appropriate advice!