CIL

The amount of CIL charged will be dependent on the type of use proposed, the amount of floorspace that is being created and the amount that is being lost i.e. through demolition or change of use.  

In Cannock Chase District, CIL charges of £40 per sqm apply to residential developments (excluding specialist retirement housing) and £60 per sqm apply to foodstores (with a floorspace in excess of 280sqm) and all out of town retail developments.  This is subject to some exemptions (see further information below). All other developments (e.g. industrial uses, offices) are not CIL liable.

See the Council’s Guidance for Applicants and Developers for further information (including an explanation of how the chargeable floorspace will be calculated and CIL worked example scenarios).  The following guidance also helps assess whether a development would be liable for CIL:

https://www.planningportal.co.uk/info/200126/applications/70/community_infrastructure_levy

It should also be noted that the CIL rates set out in the Councils adopted CIL Charging Schedule are subject to an annual increase (indexation).  For 2018, the index linked rates are Residential - £45.87 and Retail - £68.80.

https://www.planningportal.co.uk/info/200126/applications/70/community_infrastructure_levy

What Development will be exempt from CIL?

The following types of development don’t pay CIL:

• development of less than 100 square metres (see Regulation 42 on Minor Development Exemptions) - unless this is a whole house, in which case the levy is payable
• changes of use of a single dwelling into two or more separate dwellings
• buildings into which people do not normally go (see Regulation 6(2))
• buildings into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery (see Regulation 6(2))
• structures which are not buildings, such as pylons and wind turbines
• specified types of development which local authorities have decided should be subject to a ‘zero’ rate and specified as such in their charging schedules
• vacant buildings brought back into the same use (see Regulation 40 as amended by the 2014 Regulations
• Where the levy liability is calculated to be less than £50, the chargeable amount is deemed to be zero so no levy is due.
• Mezzanine floors of less than 200 square metres, inserted into an existing building, are not liable for the levy unless they form part of a wider planning permission that seeks to provide other works as well.
• houses, flats, residential annexes and residential extensions which are built by ‘self builders’ (see Regulations 42A, 42B, 54A and 54B, inserted by the 2014 Regulations)
• social housing that meets the relief criteria set out in Regulation 49 or 49A (as amended by the 2014 Regulations)
• charitable development that meets the relief criteria set out in Regulations 43 to 48

NOTE: the exemptions for self build developments, social housing developments and charitable developments are not granted automatically - they must be applied for by the relevant party and confirmed by the Council in accordance with the procedures specified in the Regulations (prior to the commencement of development).  See the Councils Guidance for Applicants and Developers for further information.

Exceptional Circumstances Relief

Relief from CIL for exceptional circumstances is available. Anyone wishing to claim relief for exceptional circumstances must follow the procedure set down in Regulations 55-57 as amended by Regulation 7(11) of the levy 2014 Regulations.  See the Councils Guidance for Applicants and Developers for further information.

If you consider that you are exempt from CIL payment, including if you wish to apply for Exceptional Circumstances Relief, you will have to complete and return a Request for Claiming Exemption or Relief prior to the commencement of development.

As part of the implementation of the Community Infrastructure Levy the District Council prepared a document, known as the Regulation 123 list, which sets out the infrastructure projects that will be funded by CIL.

The Regulation 123 List is subject to ongoing review.  Should you wish to suggest any amendments to the Regulation 123 List, please contact the Planning Policy team.

The Council is required to produce an annual financial report detailing how much in CIL charges have been collected, retained, passed to local councils (in accordance with Regulations) and spent on infrastructure projects.  Annual Financial Reports are available to view below:

• CIL Annual Financial Report 2015/16

• CIL Annual Financial Report 2016/17

• CIL Annual Financial Report 2017/18

In addition Parish and Town Councils are required to produce an annual report for each financial year setting out the amount of CIL receipts received: spending of CIL receipts; and the amount of CIL retained by the Council for future spend.  Where these are not published on the Parish or Town Council websites they are provided on the District Council’s website.  Please see any relevant reports below:

Q: What is the Community Infrastructure Levy (CIL)?

A: The Community Infrastructure Levy is a planning charge, introduced by the Government through the Planning Act 2008 to provide means for ensuring that development contributes to the cost of the infrastructure it will rely upon, such as schools and roads. The levy applies to most new buildings and charges are based on the size and type of new floor space.

Q:When did Cannock Chase Council adopt the CIL?

A: The Council approved its CIL Charging Schedule in April 2015. The Charging Schedule came into effect on the 1^st June 2015. Any Planning Permissions or Planning Appeals granted on or after the 1^st June 2015 may be liable for CIL.

Q: Do all Councils have to implement the CIL?

A: Local authorities in England and Wales will be empowered, but not required, to levy on most types of development in their areas. A key reason for implementing CIL is the limitation placed on Section 106 planning obligations that came into force in 2015.

Q: Why should development pay for infrastructure?

A: Almost all development has some impact on the need for infrastructure, services and amenities so it is only fair that such development pays a share of the cost.

Q: What is infrastructure?

A: Infrastructure which can be funded by the levy includes schools, transport, flood defences, hospitals, community facilities and other health and social care facilities. This definition allows the levy to be used to fund a very broad range of facilities such as play areas, parks and cultural and sports facilities and gives communities flexibility to choose what infrastructure they need.

The Levy can be spent on 'the provision, improvement, replacement, operation or maintenance of infrastructure’.

Q: What developments are likely to be CIL Liable?

A: In Cannock Chase District, CIL applies to residential developments (excluding specialist retirement housing), foodstores (with a floorspace in excess of 280sqm) and all out of town retail developments.  CIL will apply to all such buildings regardless of the type of planning permission.  This is subject to some exemptions.  See the Councils Guidance for Applicants and Developers for further information (including CIL worked example scenarios).

Q: Is there any relief from CIL?

A: In accordance with the Regulations the following development may receive relief from CIL:

• Charitable development
• Social housing development
• Self-build development
• Self-build residential annex or extension
• Exceptional Circumstances Relief (subject to the entering into a Section 106 Agreement)

All applications for relief from CIL need to be received and approved by the council before commencement for the relief to be applied. More information about CIL relief can be found in the Councils Guidance for Applicants and Developers and on the planning portal website.

Q: What needs to be submitted with a planning application?

Please refer to the Development Control CIL Page for further information.

Q: What needs to be submitted with a Prior Approval application?

Please refer to the Development Control CIL Page for further information.

Q: How is the levy collected?

A: The levy’s charges become due from the date of commencement of a chargeable development. When Full Planning Permission is granted, the Council will issue a Liability Notice setting out the CIL charges for that development that will become due for payment upon commencement of the development. The Council must be notified of the intended commencement date of a development at least one day before the commencement date.  Once development has commenced the Council will issue a Demand Notice and invoice outlining payment arrangements. Unlike contributions collected through S106 agreements there is no time constraint for the spending of monies collected through CIL.

Q: Who is liable to pay the levy?

A: Although liability rests with the landowner, the regulations recognise that others involved in a development may wish to pay. To allow this, anyone can come forward and assume liability for the CIL charges on the development.  An Assumption of Liability Form must be completed and submitted to the Council prior to commencement of the development in order to avoid surcharges.  CIL forms can be found here.

Q: How is the levy paid?

A: The levy charge is based around the amount of floor space being created and the charging zone that the site is located in – the CIL Calculation can be found in full in the CIL Charging Schedule. It will normally be collected as a monetary payment, although there is also provision for it to be paid by transfer of land to the local authority if certain criteria are met.

Q: Can the CIL be appealed against?

Please refer to the Development Control CIL Page for further information.

Q: How will payment of the levy be enforced?

Please refer to the Development Control CIL Page for further information.

Q: How will the levy be spent?

A: Charging authorities are required to spend the levy’s revenue on what they see as the infrastructure needed to support the development of their area. The assessment of ‘need’ is largely informed by the Infrastructure Delivery Plan published by the Council alongside the Local Plan. The levy is intended to focus on the provision of new or improved infrastructure and should not be used to remedy pre-existing deficiencies unless those deficiencies will be made more severe by new development.

Cannock Chase Council currently has a list of priority infrastructure projects which will benefit from CIL funding on its Regulation 123 List.

The Council is also required to pass a proportion of its CIL receipts to local Councils (i.e. Town/Parish Councils).  Details of the amount of CIL receipts collected, retained, passed to local Councils and spent on infrastructure projects are available via the Councils CIL Annual Financial Report. 

The main guidance to refer to is the Developer Contributions and Housing Choices Supplementary Planning Document.