Community infrastructure levy

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The Community Infrastructure Levy (CIL) is a financial charge which local planning authorities (LPAs) are entitled (but not obliged) to charge on development in their 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 Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948. CIL applies to both England and Wales. See Practice Note: Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid.

Charging and collecting authorities

CIL is charged by ‘charging authorities’. The local planning authority is the charging authority for its area, except:

  1. •

    in Greater London, the Mayor of London is a charging authority, in addition to the Borough Council

  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 authorities’.

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Latest Planning News

Planning weekly highlights—31 July 2025

This week's edition of Planning weekly highlights includes an analysis of a Supreme Court decision on distance requirements for crematory buildings, publication of the PINS Business Plan for 2025–26, Wales’ planning appeals process guidance, the hospitality sector’s new National Licensing Policy Framework, planning reforms recommendations aimed at supporting sustainable growth in England's industrial clusters, a Court of Appeal decision upholding a Ministerial Planning Statement against community objections, publication of Defra’s policy paper on identifying and selecting compensatory MPAs linked to offshore wind developments, an Administrative Court decision to uphold the lawfulness of decision not to hold public inquiry on water resources plan.

PEDW publishes guidance on model conditions for developments of national significance

Planning and Environment Decisions Wales (PEDW) has published guidance setting out model conditions for developments of national significance (DNS) planning applications, with a particular focus on renewable energy generation projects. The document provides model conditions across 11 key areas, such as site decommissioning, design, ecology, highway safety and amenity. PEDW notes that each condition must meet six tests: it must be necessary, relevant to planning, relevant to the development to be permitted, enforceable, precise, and reasonable.

Historic England publishes guidance on scaffolding for historic buildings

Historic England has published new guidance on best practices for scaffolding historic buildings and monuments. The document sets out key approaches and design considerations for scaffolding and other temporary works required during the maintenance or repair of historic structures. It is intended for building professionals and contractors, as well as planning and conservation officers reviewing scaffolding proposals in a historic context. The guidance draws on existing industry best practice and explains how these can be applied to historic buildings and structures. It also highlights the importance of building safe and stable scaffolding without damaging the historic fabric of the building.

Supreme Court clarifies interpretation of building distance requirements under Cremation Act 1902 (Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities and another)

The Supreme Court has unanimously dismissed the appeal in Wathen-Fayed v Secretary of State for Levelling Up, Housing and Communities. It held that the term ‘crematorium’ in section 5 of the Cremation Act 1902 (CA 1902) refers specifically to a ‘building fitted with appliances for the purpose of burning human remains’ (ie the crematory building). Accordingly, the distance requirements in CA 1902, s 5 must be measured from the building housing the crematory itself. Peter Goately KC and Sioned Davies, barristers at No5 Barristers’ Chambers, provide commentary on the judgment.

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