Community Infrastructure Levy (CIL)

What is CIL?

The Community Infrastructure Levy (or 'CIL') was introduced nationally in April 2010 and is governed by the CIL Regulations 2010 (as amended) (external link). It allows local authorities in England and Wales to raise funds from developers who are undertaking new building projects in their area. The money can be used to pay for a wide range of infrastructure that is needed to support new development. This can include things like transport schemes, green spaces and the maintenance of new infrastructure. The principle behind CIL is that most development has some impact on infrastructure and should contribute to the cost of providing or improving infrastructure.

From 1 September 2014, all developments that create more than 100sqm of new build gross internal area, or create a dwelling (irrespective of size) are liable for CIL - this includes permitted development. CIL is due upon the commencement of the development.

 

CIL Indexation

The current index, from 1 January 2021, is 1.405.

This 'CIL Index' is set by the RICS to make sure CIL is responsive to market conditions.

 

CIL and COVID-19

Please note that officers are continuing to work from home and so we advise all notices, and any other enquiries, are sent by email to CIL@westlancs.gov.uk to ensure that officers can receive and respond to them.  If you submit a notice but do NOT receive an acknowledgement of its receipt, you should contact the CIL Officer, via email, to confirm receipt before starting any development works. 

In July 2020, the Government made some amendments to the CIL Regulations 2010 (as amended) to allow small and medium sized developers, that may be in financial difficulties as a result of the Covid-19 coronavirus, to request CIL payment deferrals for up to six months. For more information on how to make a claim, and the required evidence, please email CIL@westlancs.gov.uk.  

 

CIL requirements

If you have to pay CIL, you will need to send us specific forms and notices, at specific times. Failure to do so means we will impose penalties such as surcharges (up to £2,500), the removal of any instalments and the refusal/withdrawal of any relief granted to you. We will also take enforcement action to collect outstanding CIL charges; in the most severe cases this will include stopping development on site or taking court action. 

These guidance notes are intended as a summary of the relevant provisions. For detailed guidance, you should always refer to the CIL Regulations 2010 (as amended). You should seek your own advice if you are in any doubt as regards how CIL operates or affects your own position.

 

Links to key documents

Note: The use classes, referred to in the Charging Schedule, are set by the Use Classes Order 1987, which was amended by the Use Classes (Amendment) (England) Regulations 2020 to revise certain use classes with effect from 1 September 2020. The Use Classes (Amendment) (England) (No.2) Regulations 2020 insert Regulation 4A to provide for any references in such CIL charging schedules to the use classes specified in the 1987 Order prior to 1st September, to be construed as references to the descriptions of the uses which comprised those use classes before that date. Put simply, this means that, from 1 September 2020, convenience retail and food and drink uses that were defined as A1, A3, A4 or A5 when the Charging Schedule was adopted will now become class E or Sui-generis from 1 September 2020, but new development of those uses will continue be charged CIL at the rates set in the Charging Schedule for that use (taking into account the BCIS index figure at the time of calculation of the Charge for that development).

 

CIL forms

All the CIL forms can be found at the Planning Portal (external link).

 

Privacy Notice: How we handle your data

We will use the information you provide to us to administrate the CIL liability relating to your development. As CIL has been adopted by the Council, this information is required by law.

For further information as to how we handle your data, please see the WLBC Corporate Privacy Notice. If you would like to discuss this notice, or how we will use your personal data, you can contact the CIL Officer via CIL@westlancs.gov.uk.