The Community Infrastructure Levy, otherwise known as CIL, was introduced by the Planning Act 2008 as a charge on development. The levy provides financial assistance to Local Planning Authorities in England and Wales when delivering infrastructure and development within their areas.

The CIL subsequently came into force in 2010 through the Community Infrastructure Levy Regulations however, Local Planning Authorities must adopted the levy and set a charge for their areas. Therefore it is important to check whether your Local Planning Authority has in fact formally adopted CIL.

All Local Councils including those within South Worcestershire, Tewkesbury Borough Council, Forest of Dean District Council, Stroud District Council, Cotswold District Council and Herefordshire Council are all in the preparation stages of implementing their CIL charging Schedules, some being more advanced than others.

Generally most new development which creates 100m² or more of net additional floor space, creates a new dwelling or involves buildings in which people would normally go in to, is likely to be liable to pay the levy. The charge will vary dependent upon the approved charging schedule for your area however, there are certain reliefs available for some developments.

Exemptions from CIL liability include, conversions and changes of use where no additional floor space is proposed, temporary buildings and buildings in which people do not normally enter into including agricultural buildings, amongst others. It is important to understand your potential CIL liability when planning your development to ensure the project remains viable.

Should your development be liable you will be required to submit the relevant CIL forms, alongside your planning application, to the Local Planning Authority. Failure to submit the relevant forms and pay the levy may result in penalties issued such as surcharges.

For more information or advice with regards to CIL liabilities for your development, please contact Carver Knowles on 01684 853400 or alternatively email Ellen Cottrell on ellencottrell@fts.carverknowles.co.uk.