Below are some of our most frequently asked questions, that may provide an answer to your query. If you have any other questions or queries, contact our CIL Officer using the details on the right. More useful information is found on the common scenarios page.
Levy rates are based on financial viability of different types of development in the borough. The evidence is based on a viability study. Those that are considered to be on the margins of viability have been given a nil rate. Other developments are exempt in accordance with CIL regulations.
You will need to supply detailed information on the types of use, and the floorspace for each use. We will then calculate your CIL charge based on the floorspace that belongs to each use. Where floorspace is being demolished or re-used, you will need to supply detailed information on it's floorspace and former / current use to allow us to include this information in the calculations.
Chargeable gross internal area (GIA) is the area of a building measured to the internal face of the perimeter walls at each floor level. This includes corridors, storage, toilets, stairs, lifts and garages.
CIL will be payable on the floorspace minus the demolished area, providing the site was in continuous lawful use for at least six months in the last three years. If the new development has a lesser floorspace then no CIL will be payable. Evidence must be provided to show existing buildings have been in use.
Development is commenced when material operations are begun. These are defined within Regulation 56 of the Town and Country Planning Act 1990 (external link). Operations include any construction work, demolition, digging of a trench for foundations, laying of underground pipes or mains to the foundations, layout of construction of roads or any change of use in the land. Development is also begun when a new use is instituted. You should refer to the TPCA 1990 for further details.
A planning application for the change of use of an existing building will not be liable to CIL unless it involves an extension which provides 100 square metres or more of additional floorspace, or involves the creation of a new dwelling even when it is below 100 square metres. The amount payable will depend whether or not the existing building has been in continuous lawful use for at least six months in the last three years prior to the development being permitted.
If a building has not been in lawful use for a period of at least six months in the three years running up to the day planning permission is granted the development will be liable for CIL. However parts of that building that have not been in lawful use, and are to be retained as part of the chargeable development, can still be taken into account if the intended use matches a use that could have been lawfully carried out without requiring a new planning permission. Regulation 40 applies here.
Some development under 'general consent' will be liable to pay CIL. If you intend to develop under general consent, and your development meets the criteria for CIL liability, you must submit a Notice of Chargeable Development to the Council before you commence.
You do not need to submit such a notice if your development is less than 100sqm of new floorspace and it does not comprise one or more dwellings.
Yes. See the appeals section.
Yes. We will issue a demand notice based on your commencement date, so if this changes you need to let us know. Simply re-submit a new commencement notice with the new date provided. We will acknowledge this new date.
If CIL is not paid, we have the power to take any of the following actions in order to recover the debt. This is in accordance with the CIL Regulations.
Failure to pay CIL can also lead to a prison sentence.
Liability can be transferred to another person before development commences. If you want to transfer or withdraw liability you will need to complete the relevant forms and submit them to the Council. More information can be found on the liability pages.
Yes, as it is deemed as a new permission and therefore liable for CIL. However, if the original permission was granted before October 2010, CIL will not be liable.
No. Where outline has been granted before CIL comes into effect, CIL is not liable on the reserved matters.
Outline planning permissions granted after CIL comes into effect will be liable to pay CIL when the development is commenced. However, liability is calculated at reserved matters stage when details are known. If an outline application includes phasing of development, each phase is treated as a separate development for the purpose of paying CIL. CIL liability for each phase is calculated as reserved matters stage for that phase.
If an outline application receives approval before the implementation of CIL, then the subsequent reserved matters will not be liable for CIL.
As soon as the threshold is reached, the whole build is chargeable. So CIL would be payable on the 110sqm
No. CIL is only chargeable on buildings.
No. CIL is outside the scope of VAT.
Yes. An index of inflation is used in the calculations for chargeable amount.
CIL payment is mandatory and non-negotiable. If you do not pay on time, you will be subject to a penalty, or surcharge, any agreements for instalments or relief will be withdrawn. There are strong enforcement powers and penalties for failure to pay, including stop notices, surcharges and even prison terms.
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