Community infrastructure levy

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Latest Planning News

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

The following Local Government news provides comprehensive and up to date legal information on Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

Planning weekly highlights—22 July 2021

The following Planning news provides comprehensive and up to date legal information on Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

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

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

The following Planning news provides comprehensive and up to date legal information on Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Featured Planning content

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

‘Principal elevation’ is referred to in the exceptions and conditions to various permitted development rights in Part 1 of Schedule 2 to the Town and...

Planning policy in Wales

Planning policy is contained primarily within national policy documents and the development plan.Welsh national planning policy is contained...

Brexit—exiting the EU under Article 50 [Archived]

Brexit—exiting the EU under Article 50 [Archived]ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note contains...

Building regulations—enforcement

Building regulations—enforcementThe Building Regulations 2010, SI 2010/2214 (the Building Regulations) are made under the Building Act 1984 (BA 1984)....

Q&As

Where there are separate section 52 and section 106 agreements over a property, and the council has confirmed that the section 106 has been discharged, is the section 52 also discharged?

A section 52 agreement is a set of planning obligations contained in the Town and Country Planning Act 1971 (TCPA 1971) relating to specific pieces of...

Produced in partnership with Abbie Pritchard-Hooper of IBLaw 19th May

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...

19th May

Practice notes

Material change of use

Material change of useControl of developmentPursuant to section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is...

19th May

Practice notes

The EU Birds Directive—summary

The EU Birds Directive—summaryThe EU Birds Directive—summaryEU Council Directive 2009/147/EC on the conservation of wild birds (OJ L 20, 26.1.2010)...

19th May

Practice notes

Implementing a CPO—notice to treat and General Vesting Declaration

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

19th May

Practice notes

What is a town or village green?

The existence of a town or village green (TVG) may restrict or even prevent development. It is a criminal offence to disturb or interfere with the use...

Produced in partnership with Stephen Morgan of Landmark Chambers 19th May

Practice notes

Determining planning applications—material considerations

Role of material considerations in planning decisionsWhen considering an application for planning permission or permission in principle, section 70(2)...

19th May

Practice notes

Planning conditions—the six tests

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

19th May

Practice notes

Applying for planning permission—procedure

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

19th May

Practice notes

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...

19th May

Practice notes

Presumption in favour of sustainable development

Presumption in favour of sustainable developmentPolicy contextThe original version of the National Planning Policy Framework (2012 NPPF) was published...

19th May

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...

19th May

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 19th May

Practice notes

The Crichel Down Rules

The Crichel Down Rules (the Rules) require that in certain circumstances, surplus government land that was acquired by, or under a threat of,...

19th May

Practice notes

Keeping planning permission alive

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

19th May

Practice notes

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...

19th May

Most recent Community infrastructure levy content

Practice notes

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

Community Infrastructure Levy (CIL)—exemptions and relief for charitiesFORTHCOMING CHANGE: On 22 March 2021, the government published its response to...

9th Jul

Practice notes

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

Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paidCoronavirus (COVID-19): This...

7th Jul

Q&As

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

Is it lawful for a local planning authority to impose a Grampian condition?What are Grampian conditions?Grampian conditions are named after the...

6th Jun

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’?

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...

6th Jun

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)?

Can a local authority withdraw a community infrastructure levy self-build residential annex exemption, after they have granted the exemption, where no...

6th Jun

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?

In what circumstances can a developer take advantage of a discount from the Community Infrastructure Levy payable under the CIL Regulations 2010, SI...

Produced in partnership with Christine Willmore of University of Bristol Law School 6th Jun

Q&As

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

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

Produced in partnership with Kevin Leigh of 33 Bedford Row 6th Jun

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?

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...

6th Jun

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?

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...

5th Jun

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?

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...

Produced in partnership with Rosalind Andrews of Harrison Clark Rickerbys 5th Jun

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?

When calculating liability for community infrastructure levy, existing ‘in use’ buildings that will be demolished for the new build can be offset. How...

Produced in partnership with Tracy Lovejoy LLB of Lanyon Bowdler LLP 5th Jun

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?

Would a one storey basement extension to a dwelling qualify for a community infrastructure levy (CIL) exemption or otherwise not attract any CIL...

5th Jun

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?

Where a solicitor’s retainer does not include a specified obligation to advise in relation to Community Infrastructure Levy (CIL) payments, will the...

5th Jun

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?

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...

5th Jun

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?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 5th Jun

Q&As

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

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

5th Jun

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?

If an incorrect community infrastructure levy liability notice has been served, can an appeal be lodged under regulation 117 of the Community...

5th Jun

Practice notes

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 councilsContextCommunity Infrastructure Levy (CIL) is a charge...

5th Jun

Practice notes

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

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

5th Jun

Practice notes

Community Infrastructure Levy (CIL)—social housing relief

Community Infrastructure Levy (CIL)—social housing reliefContextCommunity Infrastructure LevyThe Community Infrastructure Levy (CIL) is a development...

5th Jun

Community infrastructure levy

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Latest Planning News

Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)

Planning weekly highlights—22 July 2021

Planning weekly highlights—15 July 2021

Court of Appeal takes pragmatic approach to measuring height in permitted development case (McGaw v Welsh Ministers)

Featured Planning content

What is the meaning of ‘principal elevation’ for the purposes of Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 2015?

Planning policy in Wales

Brexit—exiting the EU under Article 50 [Archived]

Building regulations—enforcement

Most recent Community infrastructure levy content

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Liquidated damages in construction contracts

Amending the articles of association

Provisional sums

Perverting the course of justice

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