Section 106 planning obligations
Planning obligations, also known as Section 106 agreements, are legal agreements we make with developers. These agreements cover measures, or obligations, to mitigate any negative effects of the development on the local area. Without these agreements, the developments would be unacceptable in planning terms.
These obligations cover the provision of essential services, such as affordable housing and infrastructure, such as transport infrastructure and green spaces directly related to the new development.
Developers should be aware that, depending on the nature, scale and location of their development, we make seek planning obligations through the Section 106 mechanism, in addition to the payment of CIL.
The council charges a fee for the monitoring of Section 106 agreements. A fee of 1% of the total financial contributions will be charged. Where there are no financial contributions, there is a fixed fee of £300 per contribution. These charges will be written into all Section 106 agreements.
The fee is capped at £10,000 per legal agreement and is payable on commencement of development.
In October 2016, the Council adopted a Revised Planning Obligations Supplementary Planning Document (SPD). This SPD identifies the planning obligations that will be sought by the Council for development that generates a need for new infrastructure.
While it is not part of the statutory development plan, this SPD will be a material consideration in determining planning applications.
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. We will charge CIL on all CIL liable development granted planning permission on or after this date.
You must submit the CIL Additional Information Form with your application as your proposal may be liable for CIL.
All CIL forms for completion can be found online: Planning Portal: Community Infrastructure Levy - download the forms.
This section will show you how we use CIL to fund infrastructure.
The Infrastructure Funding Statement, which replaced the Regulation 123 List, sets out the infrastructure projects that we might fund, in whole or in part, through CIL.
It includes a report relating to the previous financial year (1 April 2021 to 31 March 2022) on the collection and spending of CIL and, also, Section 106 planning obligations, another way for developers to fund infrastructure.
We must publish an Infrastructure Funding Statement by 31 December each year. This replaces the annual CIL report.
This section will help you find out how CIL may affect your planning application.
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.
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:
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.
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.
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..
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.
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.
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.
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.
The CIL Charging Schedule went through a number of stages, including an independent examination in January 2015, prior to adoption by Wiltshire Council on 12 May 2015.
It is supported by the following evidence base studies and related planning documents:
View information relating to Land Charges Con 29.
Any queries regarding CIL applications, payments and Section 106 should be directed to 0300 456 0114 or firstname.lastname@example.org.
Any queries regarding CIL policy should be made to Spatial Planning on (01225) 713 223 or by emailing CIL@wiltshire.gov.uk.