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Declaratory relief of planning decisions

Declaratory relief of planning decisions

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Section 215 notice requiring maintenance of land

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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...
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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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
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...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 9th Nov
Practice notes

Material change of use

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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...
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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:...
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Permission to appeal—the application

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Highways—ownership and creation

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Produced in partnership with Laura Bolado 9th Nov
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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...
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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...
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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)...
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Practice notes

Compulsory purchase—compensation

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Produced in partnership with Stephen Morgan of Landmark Chambers 9th Nov

Most recent Community infrastructure levy content

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...
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15th Oct
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....
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29th Sep
Q&As

Do disqualifying events apply to residential extension exemptions for the purposes of community infrastructure levy?

Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, reg 42A sets out an exemption from CIL for residential annexes or...
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29th Sep
Q&As

Would a one storey basement extension to a dwelling qualify for a community infrastructure levy (CIL) exemption or otherwise not attract any CIL liability, and if so, on what basis?

Community infrastructure levy (CIL) is a financial charge which local planning authorities are entitled (but not obliged) to charge on development in...
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29th Sep
Q&As

Where a collecting authority notifies the claimant of an exemption in relation to a CIL self-build exemption for an extension or outbuilding, what are the requirements for service—can the notice be sent by post?

From 24 February 2014, the Community Infrastructure Levy Regulations 2010 (CIL Regulations 2010), SI 2010/948 introduced an exemption from community...
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29th Sep
Q&As

Where planning permission is granted on appeal and a partial award of costs is obtained, is it possible for the claim for costs to include a claim for Community Infrastructure Levy (CIL), in circumstances where CIL is payable in connection with the planning permission only because a CIL charging schedule was adopted after the refusal by the local planning authority but before the successful appeal resulting in the grant of planning permission?

Parties are usually expected to meet their own costs in planning appeals, however, there is provision for an award of costs to be made in certain...
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Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 29th Sep
Q&As

Who is responsible for the Community Infrastructure Levy where a plot of land is to be sold with the benefit of planning permission’?

Liability for the Community Infrastructure Levy (CIL) will depend on whether a person has assumed liability for CIL.Once planning permission for a...
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29th Sep
Q&As

Can a local authority withdraw a community infrastructure levy self-build residential annex exemption, after they have granted the exemption, where no disqualifying event has occurred (ie if they have just changed their mind)?

The Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, regs 42A–42C govern how an exemption from community infrastructure...
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29th Sep
Q&As

If an incorrect community infrastructure levy liability notice has been served, can an appeal be lodged under regulation 117 of the Community Infrastructure Levy Regulations 2010 outside of the 28–day time limit for appeals where, as a result of discussions with the collecting authority the time limit has been missed?

The appeal provisions in regulation 117 of the Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/948, provide a right of...
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29th Sep
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...
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Produced in partnership with Christine Willmore of University of Bristol Law School 28th Sep
Q&As

Is it lawful for a local planning authority to impose a Grampian condition?

What are Grampian conditions?Grampian conditions are named after the decision in Grampian Regional Council v City of Aberdeen. They are conditions...
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28th Sep
Q&As

Will a development be liable to pay CIL if there was a resolution to grant planning permission (subject to an s 106 agreement) before the CIL charging schedule is brought into effect but where the planning permission was granted after the charging schedule is brought into effect? Do the CIL Regulations prescribe that CIL will override the need for an s 106 agreement?

The Community Infrastructure Levy Regulations 2010, SI 2010/948 (the CIL Regulations) provide for Community Infrastructure Levy (CIL) to be charged on...
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28th Sep
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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 28th Sep
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...
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Produced in partnership with Kevin Leigh of 33 Bedford Row 28th Sep
Q&As

When calculating liability for community infrastructure levy, existing ‘in use’ buildings that will be demolished for the new build can be offset. How can ‘in lawful use’ be defined in respect of outbuildings/sheds etc? Can these be included on a demolished area and how do they prove to be ‘in use’? Can all outbuildings be included regardless of what they are storing and whether they have foundations/doors?

In most cases, the amount of community infrastructure levy (CIL) that is payable is calculated by multiplying the additional gross internal area...
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Produced in partnership with Tracy Lovejoy of Lanyon Bowdler 28th Sep
Q&As

Where a solicitor’s retainer does not include a specified obligation to advise in relation to Community Infrastructure Levy (CIL) payments, will the solicitor be liable if, nonetheless, it gave wrong advice in relation to CIL payments in circumstances where the correct information on CIL payments was available to the solicitor at the time they gave their incorrect advice?

ContextThe Community Infrastructure Levy (CIL) is a financial charge which local planning authorities (LPAs) are entitled (but not obliged) to charge...
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28th Sep
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...
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26th Sep
Precedents

CIL liability indemnity clause—licence for alterations

1 Definitions Assumption of Liability Notice a notice in accordance with regulation 31 of the CIL...
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26th Sep
Precedents

CIL liability indemnity clause

1 Definitions Assumption of Liability Notice a notice in accordance with regulation 31 of the CIL Regulations Buyer’s...
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26th Sep
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...
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25th Sep

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