Community Infrastructure Levy (CIL)—duty to pass CIL receipts to parish and community councils
Community Infrastructure Levy (CIL)—duty to pass CIL receipts to parish and community councils

The following Planning practice note provides comprehensive and up to date legal information covering:

  • Community Infrastructure Levy (CIL)—duty to pass CIL receipts to parish and community councils
  • Context
  • Duty on charging authorities to pass CIL receipts on to parish or community councils
  • Portion of CIL for parish councils—where there is a neighbourhood plan
  • Portion of CIL for parish councils—where development is permitted by neighbourhood development order/community right to build order
  • Portion of CIL for parish councils—where there is no neighbourhood plan or development is not permitted by neighbourhood development order/community right to build order
  • Portion of CIL for community councils
  • Timing of payments
  • Refusal to receive portion of CIL by parish and community councils
  • Payments in kind
  • More...

Context

Community Infrastructure Levy (CIL) is a charge levied by charging authorities in respect of development. Charging authorities are generally the local planning authority for an area. The legislative basis for CIL is found in Part 11 of the Planning Act 2008 (PA 2008), which empowers the Secretary of State to make regulations providing for the imposition of CIL. Those regulations were made in the form of the CIL Regulations, SI 2010/948.

CIL is charged by ‘charging authorities’ in respect of development of land in their area. PA 2008, s 206 specifies that a local planning authority (LPA) is the charging authority for its area, although there are exceptions (see Practice Note: Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid). Charging authorities must spend the money raised by CIL on funding the provision, improvement, replacement, operation or maintenance of infrastructure to support the development of their area. Infrastructure is defined in PA 2008, s 216 as including roads and other transport facilities, flood defences, schools and other educational facilities, medical facilities, sporting and recreational facilities, and open spaces. See: The Community Infrastructure Levy—overview.

The CIL Regulations are based on the concept of a ‘chargeable development’. This is defined in CIL Regulations, SI 2010/948, reg 9 as the development for which planning permission is granted, except in

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