Community infrastructure levy

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Planning weekly highlights—15 April 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—15 April 2021

New temporary permitted development rights in Wales to support economic recovery

The following Planning news provides comprehensive and up to date legal information on New temporary permitted development rights in Wales to support economic recovery

Planning weekly highlights—8 April 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—8 April 2021

New permitted development rights for changes of use and expansion of public service infrastructure in England, as part of a package of measures to revitalise high streets

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Declaratory relief of planning decisions

A declaratory judgment is a judgment identifying the rights, duties or obligations of one or more parties in a dispute. It is legally binding, but...

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Section 215 notice requiring maintenance of land

IntroductionThe purpose of section 215 of the Town and Country Planning Act 1990 (TCPA 1990) is to give a local planning authority (LPA) power to take...

Practice notes

Operational development

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Judicial review time limits—extensions and urgent cases

When a public body receives a claim form for judicial review, the first step is to consider whether the claim has been brought in time. For further...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Costs for judicial review—general principles

General rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in other proceedings, is that costs follow the...

Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 12th Jan

Practice notes

Material change of use

Control of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is required for ‘the carrying...

9th Nov

Practice notes

Oversailing

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Practice notes

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This Practice Note provides an introduction to retained EU law, which is an entirely new legal concept introduced to UK domestic law in preparation...

9th Nov

Brexit

Practice notes

Defining the planning unit

Why is it important to establish the planning unit?Planning permission is required where there has been a material change of use (see Practice Note:...

9th Nov

Practice notes

Permission to appeal—the application

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

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Practice notes

Highways—ownership and creation

Meaning of ‘highway’In the broadest sense, a highway is a way (ie a defined route, such as a road, bridleway or footpath) over which the public have...

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Practice notes

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Practice notes

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Produced in partnership with Laura Bolado 12th Jan

Brexit

Practice notes

Presumption in favour of sustainable development

Policy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published on 27 March 2012, taking immediate effect. It...

9th Nov

Practice notes

Local Development Orders

What is a Local Development Order (LDO)?An LDO is a local development order, made at local authority level by a local planning authority (LPA). Once...

9th Nov

Practice notes

Purchase notices

What is a purchase notice?The purchase notice procedure provides landowners with a means of having land acquired by a local planning authority (LPA)...

9th Nov

Practice notes

Compulsory purchase—compensation

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak...

Produced in partnership with Stephen Morgan of Landmark Chambers 12th Jan

Most recent Community infrastructure levy content

Practice notes

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...

12th Apr

Practice notes

The statutory test for section 106 agreements and interaction with Community Infrastructure Levy (CIL)

The concept of planning gain or betterment taxation has long been an element of the planning system in England. It is based on the idea that...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—social housing relief

ContextCommunity Infrastructure LevyThe Community Infrastructure Levy (CIL) is a development charge which local planning authorities, designated as...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—exemptions for minor development, residential annexes and extensions and self-build housing

ContextCommunity Infrastructure LevyThe Community Infrastructure Levy (CIL) is a development charge which local planning authorities, designated as...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—enforcement

IntroductionThe Community Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—considerations for developers and purchasers

Considerations for developersCheck whether the LPA has adopted a charging schedule for CILCIL is only payable where the relevant LPA has adopted a...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—calculating CIL in England

IntroductionCommunity Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of the...

8th Apr

Practice notes

Checklist of Community Infrastructure Levy (CIL) forms and notices

IntroductionCommunity Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of the...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—exemptions and relief for charities

ContextCommunity Infrastructure LevyThe Community Infrastructure Levy (CIL) is a development charge which local planning authorities, designated as...

8th Apr

Practice notes

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

ContextCommunity Infrastructure Levy (CIL) is a charge levied by charging authorities in respect of development. Charging authorities are generally...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—calculating CIL in Wales

IntroductionCommunity Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of the...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—exceptional circumstances relief

ContextCommunity Infrastructure LevyThe Community Infrastructure Levy (CIL) is a development charge which local planning authorities, designated as...

8th Apr

Practice notes

Community Infrastructure Levy (CIL)—reviews and appeals

IntroductionCommunity Infrastructure Levy (CIL) is a charge levied in respect of development. The legislative basis for CIL is found in Part 11 of the...

24th Feb

Q&As

Would a caravan constitute a ‘building’ for the purposes of the Community Infrastructure Levy Regulations 2010, SI 2010/948?

Caravans in planning law form part of a use of land and are not considered operational development like buildings (see Wealden District Council v...

Produced in partnership with Kevin Leigh of 33 Bedford Row 22nd Jan

Q&As

In what circumstances can a developer take advantage of a discount from the Community Infrastructure Levy payable under the CIL Regulations 2010, SI 2010/948, reg 40(7), where the intended use following completion of the chargeable development is a use that is able to be carried out without further planning permission being required?

There are various circumstances in which a development can benefit from charitable relief from a Community Infrastructure Levy (CIL) contribution. See...

Produced in partnership with Christine Willmore of University of Bristol Law School 22nd Jan

Q&As

A development site is made up of two parts—one larger part where the main development (for example a block of flats) will take place and a second smaller adjoining piece of land where a single garage will be built. The larger piece of land is owned by the developer and the smaller piece of land is owned by a third party. If the developer accepts responsibility for the Community Infrastructure Levy (CIL) liability for the whole development, what would happen if the developer became insolvent and had not paid the CIL liability? Is there a risk that the third party could become liable for the whole of the CIL liability on the developer's insolvency?

The Community Infrastructure Levy (CIL) was introduced by section 205 of the Planning Act 2008 (PA 2008) and came into force in 2010. It allows local...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 22nd Jan

Q&As

What protection is available for a plot purchaser buying on a new development where the Local Land Charge search shows that the development is subject to the Community Infrastructure Levy (CIL)? The purchase will be completed before all of the CIL payments have been made and regulation 36 of The Community Infrastructure Levy Regulations 2010 appears to state that if the developer defaults on payment, the Council could go back to the 'landowner' for payment—presumably this would be the plot purchaser?

The Community Infrastructure Levy (CIL) is a financial charge which local planning authorities are entitled to charge on development in their area....

22nd Jan

Q&As