Developer Contributions

Section 106

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.

Section 106 monitoring fees

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.

Section 106 Supplementary Planning Guidance

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.

Revised Wiltshire Planning Obligations SPD (October 2016) (PDF, 907 KB)(opens new window)

Revised Wiltshire Planning Obligations SPD Adoption Statement (October 2016) (PDF, 50 KB)(opens new window)

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.

Infrastructure funding statement

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 2022 to 31 March 2023) on the collection and spending of CIL and, also, Section 106 planning obligations, another way for developers to fund infrastructure.

Infrastructure Funding Statement

We must publish an Infrastructure Funding Statement by 31 December each year. This replaces the annual CIL report.

Overview

'Developer contributions' is a collective term used to refer to the Community Infrastructure Levy (CIL) and Planning Obligations (also known as 'Section 106' or 'S106'). These are tools used in planning to secure financial and non-financial support for developments, including affordable housing and other infrastructure or works, to help mitigate the effects of new developments on the community.

These pages provide information on the Community Infrastructure Levy (CIL) and Section 106, as well as our Infrastructure Funding Statements, and guidance for parish and town councils.

Community Infrastructure Levy (CIL)

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, 262 KB)(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 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.

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, 3 MB)(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, 55 KB)(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, 14 KB)(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, 754 KB)(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.

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:

Land Charges Con 29

View information relating to Land Charges Con 29.

Further information

Reports and downloads

Section 106 Agreements

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.

Section 106 monitoring fees

The fee is capped at £10,000 per legal agreement and is payable on commencement of development.

Section 106 Supplementary Planning Guidance

While it is not part of the statutory development plan, this SPD will be a material consideration in determining planning applications.

Revised Wiltshire Planning Obligations SPD (October 2016) (PDF, 907 KB)(opens new window)

Revised Wiltshire Planning Obligations SPD Adoption Statement (October 2016) (PDF, 50 KB)(opens new window)

Infrastructure Funding Statements

This section contains information on 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 2022 to 31 March 2023) on the collection and spending of CIL, as well as Section 106 planning obligations, another way for developers to fund infrastructure.

Infrastructure Funding Statement 2023

Previous statements

We are required to publish an Infrastructure Funding Statement by 31 December each year. This replaces the annual CIL report.

Parish and Town guidance for CIL

What is CIL

CIL stands for Community Infrastructure Levy, it is a charge that local authorities can impose on new developments in their area. It came into effect on 18 May 2015. 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. 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.

CIL monies each parish or town council receives from new development within their areas

If your area has a neighbourhood plan you will receive 25% of the CIL amount.

If your areas has no Neighbourhood Plan you will receive 15% of the CIL amount.

When you will receive monies from development that is CIL liable

The portion of money paid to parish or town councils will be paid monthly via an AP upload and should reach designated accounts by the end of each month for the month prior to payment.

Reporting on CIL income and expenditure

The CIL regulations do not prescribe the way that town and parish councils should report on the CIL neighbourhood proportion it receives. However, we advise that details should be provided in their annual financial reports, and that this is made available on their websites.

Please see our guidance letter, and CIL Expenditure template for completion:

We have also created a presentation, explaining CIL, that can be used in town and parish council meetings: Presentation on CIL for parish and town councils (gi.ui.mediatype.powerpoint, 1 MB)(opens new window)

Contact us

CIL applications, payments and Section 106

Phone: 0300 4560114
email: cilands106@wiltshire.gov.uk (opens new window)

CIL policy

Phone: 01225 713223
email: CIL@wiltshire.gov.uk (opens new window)

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Developer Contributions

Section 106

Section 106 monitoring fees

Section 106 Supplementary Planning Guidance