Changes to Community Infrastructure Levy (CIL) Legislation

The 1st September saw the introduction of further amendments to the CIL Regulations. The complexities of CIL remain, despite attempts to simply the process. The amendments mean that:

  • Local Authorities are no longer prevented from pooling contributions towards a single infrastructure project from more than five development schemes.
  • If you are applying to vary an approval via a section 73 application, you will need to be mindful of the impact of any increase in floorspace on your CIL liability. From the 1st September any increase in floorspace, achieved through a section 73 permission, will be charged at the Council’s latest CIL rate. However, any decrease will be calculated at the indexation rate of the original permission. It is also worth considering whether any previous section 73 application have resulted in an increase in your CIL liability as it maybe possible to reapply, after the 1st September, in an attempt to secure a lower liability.
  • Councils are now able to introduce a fee in relation to the monitoring of S106 agreements.
  • Councils will now be required to publish an Infrastructure Funding Statement on an annual basis detailing how CIL contributions have been spent.

 

If you have any questions or queries in relation to how the updated CIL regulations may impact upon your development, please contact Chapman Lily Planning.