What is the Community Infrastructure Levy (CIL)?
The Community Infrastructure Levy (CIL) enables local authorities to raise funds from new development to help deliver infrastructure.
Wealden District Council introduced CIL on 1st April 2016 for new residential and retail development. Further details about the process of introducing at Wealden are available on our Planning Policy pages.
The CIL Regulations were updated on 1st September 2019. These new regulations affect planning permissions granted from the 1st September 2019 onwards. CIL liable developments which received planning permission before the 1st September 2019 will be processed under the previous regulations.
From 22nd July 2020 the Government have introduced new regulations making it possible to apply to defer a CIL payment subject to a number of criteria. For more information please see our page Paying for CIL and COVID-19
In Wealden, only residential and retail developments are liable to pay CIL. Development that creates less than 100sqm of new floor space is not chargeable. The only exception to this is a new dwelling which is chargeable, whatever the size.
The following types of development will be liable to pay CIL:
- Residential development of one or more dwellings (including Holiday Lets and Residential Annexes) through new build or conversions even if less than 100sqm;
- The establishment of other residential floor space such as house extensions, loft conversions, and other ancillary buildings such as stores, conservatories, garages if 100sqm or over (or less than 100sqm if it contributes to the creation of a new dwelling);
- Retail development 100sqm or over.
Permitted development (development that does not require submission of a planning application), or development subject to ‘Prior Approval’ is CIL liable if:
- A new dwelling is being created (even if this is through a change of use);
- An extension is being created to a dwelling that is 100sqm or more;
- New retail floor space is being created that is 100sqm or more;
- An annexe is being created to a dwelling
If you intend to commence development under Permitted Development or Prior Approval that meets the above, you will need to submit a Form 5: Notice of Chargeable Development to the Planning Department before you commence development. The CIL charge is then assessed and applied as though planning permission has been issued.
The Notice of Chargeable Development must be accompanied by a scaled plan which identifies the following:
- The land to which the notice relates;
- Any buildings in lawful use on that land which are to be demolished before the completion of the chargeable development;
- Any buildings in lawful use on that land which will be part of the chargeable development on completion;
- The development which is subject to the notice.
Further information may be required if the Council are unable to determine the CIL liability from the information submitted.
Important Points to Remember about CIL
The following are important points to be aware of if a development is liable to CIL:
- Not following the CIL Procedures can be very costly
- If a Self-Build Exemption is being applied for, this must be agreed by the Council prior to commencement of the development
- Always ensure that, where relevant, the Assumption of Liability Form: Form 2and Commencement Notice: Form 6 are sent to and agreed by the Council before any work commences (including demolition)
- Always pay the CIL Invoice by or before the due date otherwise surcharges will be applied
- If your planning application is Retrospective and CIL is liable, the CIL payment will be due once planning permission is granted and will incur surcharge interest from the date of the decision to when the CIL invoice is paid
- If your application is Retrospective, you are not eligible for a Self-Build Exemption
- If you are building more than one dwelling you can request a phased consent but this should be done prior to the application being determined by the Council. Once the application has been determined, you will need to send in a Minor Material Amendment application (form No 25 under the heading General Application Forms)
- If there is a planning condition relating to the payment of SANGS/SAMMS then this only becomes payable if CIL is not being paid, e.g. through the granting of a self-build exemption. Where CIL is being paid, the contribution for SANGS/SAMMS is already included within the CIL figure. Please note: in both cases the condition will still need to be discharged
- If you have a Self-build exemption for a dwelling or an annexe, once the development is completed you have six months from the date of completion in which to send in your Self-build Exemption Form 7 Part 2 . This needs to be agreed by the Council before the six months expires otherwise you will be liable to pay the full CIL amount.
Contact and Further Information
If you require any further information or assistance with CIL please email email@example.com