Developer Contributions
Community Infrastructure Levy (CIL)
CIL stands for Community Infrastructure Levy. It is a charge that local authorities can impose on new developments in their area. The money generated through the levy will contribute towards the funding of infrastructure to support growth.
CIL came into effect in Wiltshire on 18 May 2015, and will be charged on all CIL liable developments granted planning permission on or after this date.
CIL forms
Every development must complete, and submit, a CIL Additional Information Form with its planning application. All CIL forms can be found on the Planning Portal:
CIL forms (planningportal.co.uk) (opens new window)
CIL and the planning application process
CIL is applied as a charge on each square metre of new development and will be payable by most development in Wiltshire. The responsibility to pay the levy rests with the ownership of land on which the liable development will be situated.
Although liability rests with the landowner, the regulations recognise that others involved in a development may wish to pay. To allow this, anyone can come forward and assume liability for the development.
Is my application proposal liable for CIL
All applicants for full planning permission, including householder applications, reserved matters following an outline planning permission, and applicants for lawful development certificates must fill out the CIL Additional Information Form.
The following types of planning applications are liable:
- all development containing at least 100 square metres of new build (extra floor space).
- 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 (PDF) [262KB] (opens new window) ).
How a development's size calculated
The size of development is calculated on the basis of its Gross Internal Area (GIA). The Royal Institution 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 (opens new window).
What to do if your application is liable for CIL
You must submit the CIL Additional Information Form with your application if your proposal is liable for CIL.
- CIL additional information form (PDF) [367KB] (opens new window)
- CIL additional information form guidance notes (PDF) [129KB] (opens new window)
CIL Charging Schedule - how much you will have to pay
The Charging Schedule went through a number of stages, including an independent examination in January 2015, prior to its adoption in Wiltshire.
- Wiltshire CIL Examiner's Report March 2015 (PDF) [460KB] (opens new window)
- Wiltshire CIL Examiner's Report March 2015 Covering Letter (PDF) [78KB] (opens new window)
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 (PDF) [3MB] (opens new window) .
It enables us to secure money from new development towards the funding of infrastructure to support growth set out in the adopted Wiltshire Core Strategy.
The amount payable is calculated when planning permission is granted. Here are some examples of CIL rates in different scenarios: Wiltshire CIL calculation examples (PDF) [55KB] (opens new window)
CIL Rate Summary - how CIL increases with inflation
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 RICS Community Infrastructure Levy (CIL) Index, published by the Build Cost Information Service (BCIS).
The Wiltshire Annual CIL Rate Summary (OpenDocument text format) [14KB] (opens new window) provides guidance on how indexation will affect all CIL chargeable developments granted planning permission in 2024.
CIL relief - what relief is available
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. (opens new window).
CIL payments - instalments
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 (PDF) [754KB] (opens new window) .
What happens when your application is granted
The following must be completed prior to commencement of development:
- CIL Additional Information Form
- 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.
- Claiming Exemption or Relief Form, if applicable - must be submitted prior to commencement in order to qualify for any relief.
The council will then issue a Liability Notice for CIL Payment. This confirms how much CIL is payable.
- Commencement Notice with the date that development will commence - this must also be sent to us prior to commencement of the development. If we do not receive a Commencement Notice a penalty will be added and full payment will be due immediately.
- Demand Notice - the council will then issue a Demand Notice for CIL Payment, which states the amount due and date that the payment is due to be paid to the CIL authority.
Permitted or 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 you do not pay the charge
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 (PDF) [20KB] (opens new window)
- CIL enforcement of non-payment (PDF) [20KB] (opens new window)
How to appeal against Wiltshire Council's decision
You can appeal against the council's decision in relation to your CIL liability. 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 advice can be found on the Planning Portal - CIL Appeals (opens new window).
It is supported by the following evidence base studies and related planning documents:
- CIL Viability Study (November 2013) (PDF) [1MB] (opens new window)
- Wiltshire Infrastructure Delivery Plan
- Wiltshire Core Strategy
Land Charges Con 29
View information relating to Land Charges Con 29.
Further information
- Community Infrastructure Levy Guidance. (opens new window)
- GOV.UK: Planning permission (opens new window)
- Communities and Local Government (opens new window)
- Planning Advisory Service (opens new window)
Reports and downloads
- CIL annual report 2018 to 2019 (PDF) [115KB] (opens new window)
- CIL annual report 2017 to 2018 (PDF) [153KB] (opens new window)
- CIL annual report 2016 to 2017 (PDF) [150KB] (opens new window)
- CIL annual report 2015 to 2016 (PDF) [65KB] (opens new window)
- Wiltshire revised CIL Regulation 123 List September 2016 (PDF) [288KB] (opens new window)