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Community infrastructure levy

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What is CIL?

The Community infrastructure levy (CIL) is a charge that local authorities in England can place on development in their area. The money generated through the levy will contribute towards the funding of infrastructure to support growth.

CIL is applied as a charge on each square metre of new development and will be payable by most developers in Wiltshire. It replaces a number of Section 106 contributions. Planning obligations will continue to be used for affordable housing and site-specific requirements in accordance with the Planning Obligations Supplementary Planning Document. From April 2015, the council has been restricted in its ability to pool infrastructure contributions from new development through Section 106 agreements PDFWiltshire Planning Obligations SPD May 2015 CIL SPD May 2015 1mb

When did it come into effect?

CIL came into effect in Wiltshire on 18 May 2015. We will charge CIL on all CIL liable development granted planning permission on or after this date.

The Regulation 123 List - what will CIL be spent on?

We have produced a list of infrastructure, known as a Regulation 123 List. The PDFWiltshire Revised CIL Regulation 123 List September 2016 Wiltshire Revised CIL Regulation 123 List September 2016 295kb sets out what we intend to spend CIL monies on.

Government CIL guidance

The government has issued Community Infrastructure Levy Guidance.

The guidance is published in a question and answer format and will cover the majority of queries you may have about CIL.

Is my application proposal liable for CIL?

Not all development is liable for CIL. The following types of planning applications are liable:

If you are uncertain whether your proposal is liable for CIL, you should submit a CIL Question Form with your application (see below). We can then work out whether CIL is payable or not. PDFWiltshire CIL Guidance Note 1 - Is development liable for CIL Guidance Note 1 - Is Development Liable for CIL 269kb

How is a development's size calculated?

The size of development is calculated on the basis of its Gross Internal Area (GIA). The Royal Institute of Chartered Surveyors has produced guidance on how to calculate GIA and this is contained in a document called Code of Measuring Practice 6th Edition

My planning application is liable for CIL, what do I need to do now?

You can see more details in the CIL process document. The CIL Question form is a planning application requirement.

You must submit the CIL Question Form with your application if your proposal is liable for CIL.

How much will I have to pay?

Eligible developments that receive planning permission on or after 18 May 2015 will be charged in accordance with the rates set out in the PDFWiltshire CIL Charging Schedule May 2015 Wiltshire CIL Charging Schedule May 2015 4mb  The amount payable is calculated when planning permission is granted. Here are some examples of CIL rates in different scenarios: PDFWiltshire CIL calculation examples CIL Calculation Examples 57kb

CIL Indexation

CIL payments must be index linked from the year that CIL was introduced to the year that planning permissions are granted. The index we must use is the national All-in Tender Price Index published by the Build Cost Information Service (BCIS).

Relief from CIL

Relief from CIL is available for Social Housing, Self-Build Housing (including extensions and annexes) and Charitable Development. Detailed information on the processes for claiming this relief is contained under Community Infrastructure Levy Guidance.

Payment Instalment Policy

Where a development has to pay more than £35,000 of CIL it can make the payment in 3 instalments over an 18-month period, as set out in the PDFWiltshire CIL Instalments Policy May 2015 CIL Wiltshire Council Instalments Policy 773kb

If my application is granted, what happens next?

Liability notice – we will issue a Liability Notice with the planning Notice of Decision. This says how much CIL is payable.

The following must be completed prior to commencement of development:

  • Assumption of Liability Notice – the person(s) responsible for paying CIL must send us an Assumption of Liability Notice before commencement. If not, the charge will default to the owner of the land and there may be additional costs.
  • Commencement Notice this must be sent to us with the date that development will commence. If we do not receive a Commencement Notice a penalty will be added and full payment will be due immediately.
  • Claim for relief form must be submitted prior to commencement.
  • Demand Notice – the council will then issue a Demand Notice for CIL Payment

Forms

Permitted development and prior notification development

In rare cases, permitted development (that is development which does not require planning permission) may be of sufficient scale to be liable to CIL. You must serve a Notice of Chargeable Development on us before the development is commenced. The CIL charge is then calculated and applied as though planning permission had been issued.

The same applies to development granted planning permission under the Prior Notification process, particularly conversions of offices to residential accommodation.

What happens if I do not pay the charge?

Unlike Section 106 obligations, CIL payment is mandatory and non-negotiable. If you do not pay on time;

  • you will be subject to a penalty without further notification
  • any agreement for you to pay by instalments will be withdrawn

There are strong enforcement powers and penalties for failure to pay, including Stop Notices, surcharges and prison terms. PDFCIL enforcement of non-payment CIL penalties and surcharges 21kb

Appeals

You can appeal against the council's decision in relation to your CIL liability. Please note that appeals must be made within 60 days of the Liability Notice being issued. Appeals can only be made after you have formally asked us to recalculate the CIL amount.

CIL appeal advicecan be found on the Planning Portal - CIL Appeals

How was CIL adopted in Wiltshire?

The CIL Charging Schedule went through a number of stages prior to approval, including an independent examination.

There is more information on the council website at CIL Examination Web Page

Contact Information

You can contact us by emailing:cilands106@wiltshire.gov.uk

Further information

CIL annual reports

Contact Details (LiveLink)

Multiple Contacts:
eMail: developmentmanagementnorth@wiltshire.gov.uk
Telephone: 0300 456 0114
Out of hours: 0300 456100
Fax:
Postal Address:

Development Management
Wiltshire Council
Monkton Park
Chippenham
SN15 1ER


In Person:

Development Management
Wiltshire Council
Monkton Park
Chippenham
Wiltshire
SN15 1ER

Please note you will need to make an appointment before coming to the office using the above email or telephone number.

DX:

Contact Details (LiveLink)

Multiple Contacts:
eMail: developmentmanagementsouth@wiltshire.gov.uk
Telephone: 0300 456 0114
Out of hours: 0300 456100
Fax:
Postal Address:

Wiltshire Council
PO Box 2281
Salisbury
SP2 2HX


In Person:

Development Management
Wiltshire Council
Bourne Hill
Salisbury
Wiltshire
SP1 3UZ

Please note you will need to make an appointment before coming to the office using the above email or telephone number.

DX:

Contact Details (LiveLink)

Multiple Contacts:
eMail: developmentmanagementeast@wiltshire.gov.uk
Telephone:

0300 456 0114


Out of hours: 0300 456100
Fax:
Postal Address:

Development Management
Wiltshire Council
County Hall
Bythesea Road
Trowbridge
Wiltshire
BA14 8JN


In Person:

Development Management
Wiltshire Council
County Hall
Bythesea Road
Trowbridge
Wiltshire
BA14 8JN

Please note you will need to make an appointment before coming to the office using the above email or telephone number.

DX:

Contact Details (LiveLink)

Multiple Contacts:
eMail: developmentmanagementwest@wiltshire.gov.uk
Telephone: 0300 456 0114
Out of hours: 0300 456100
Fax:
Postal Address: Development Management
Wiltshire Council
County Hall
Bythesea Road
Trowbridge
Wiltshire
BA14 8JN
In Person:

Development Management
Wiltshire Council
County Hall
Bythesea Road
Trowbridge
Wiltshire
BA14 8JN

Please note you will need to make an appointment before coming to the office using the above email or telephone number.

DX:

Last updated: 12 January 2017

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