Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid

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

  • Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid
  • Introduction
  • Who charges and collects CIL?
  • In what circumstances does CIL liability arise?
  • Adoption of CIL charging schedule
  • Meaning of planning permission
  • Development
  • At what point in time does CIL liability crystallise?
  • Meaning of commencement
  • Contrast with section 106 agreements
  • More...

Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak (see: Impact of Coronavirus (COVID-19) on CIL in England). For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.

Introduction

Community Infrastructure Levy (CIL) is a charge levied in respect of development. 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 Community Infrastructure Levy Regulations 2010 (the CIL Regulations), SI 2010/948. CIL applies to both England and Wales.

Who charges and collects CIL?

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. However:

  1. in Greater London, the Mayor of London is a charging authority, in addition to Borough Councils

  2. in the Broads, the Broads Authority is the only charging authority, and

  3. in the Isles of Scilly, the Council of the Isles of Scilly is the only charging authority

CIL is collected by ‘collecting

Popular documents