- What is CIL?
- When did it first come into effect?
- The Regulation 123 List - what will CIL be spent on?
- Government CIL guidance
- Is my application proposal liable for CIL?
- How is a development's size calculated?
- My planning application is liable for CIL, what do I need to do now?
- How much will I have to pay?
- CIL Indexation
- Relief from CIL
- Payment Instalment Policy
- If my application is granted, what happens next?
- Permitted development and prior notification development
- What happens if I do not pay the charge?
- How was CIL adopted in Wiltshire?
- Contact Information
- Further information
- CIL annual reports
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 Wiltshire Planning Obligations SPD May 2015 CIL SPD May 2015 1mb
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.
We have produced a list of infrastructure, known as a Regulation 123 List. The Wiltshire 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.
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.
Not all development is liable for CIL. The following types of planning applications are liable:
- All development containing at least 100 square metres of new build (extra floorspace).
- Development of less than 100 square metres of new build that results in the creation of a new dwelling.
- The conversion of a building that is no longer in lawful use (see Wiltshire CIL Guidance Note 1 - Is development liable for CIL Guidance Note 1 - Is Development Liable for CIL 269kb).
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. Wiltshire CIL Guidance Note 1 - Is development liable for CIL Guidance Note 1 - Is Development Liable for CIL 269kb
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
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.
Eligible developments that receive planning permission on or after 18 May 2015 will be charged in accordance with the rates set out in the Wiltshire 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: Wiltshire CIL calculation examples CIL Calculation Examples 57kb
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 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.
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 Wiltshire CIL Instalments Policy May 2015 CIL Wiltshire Council Instalments Policy 773kb
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
- Form 1 - Assumption of liability
- Form 2 - Claiming exemption or relief
- Form 3 - Withdrawal of assumption of liability
- Form 4 - Transfer of assumed liability
- Form 5 - Notice of chargeable development
- Form 6 - Commencement notice
- Form 7 - Self build exeption claim form part 1
- Form 7 - Self build exemption claim form part 2
- Form 8 - Self build residential annex exemption claim form
- Form 9 - Self build residential extension exemption claim form
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.
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. CIL enforcement of non-payment CIL penalties and surcharges 21kb
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
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
You can contact us by emailing:firstname.lastname@example.org
Last updated: 12 January 2017