Revised guidence published on CIL

Posted: 22/01/2013

DCLG has published updated guidance designed to ensure the Community Infrastructure Levy is effective in supporting development and getting key infrastructure built.

The new advice makes it clear there should be no double charging of developers by clarifying the relationship between CIL and Section 106 planning obligations.

The guidance, which replaces advice published in 2010, reflects existing best practice and makes it plain that councils in the process of developing proposals do not need to start their levy setting process from the beginning.

The revised guidance provides advice on the latest regulations but makes it clear there is no obligation for councils to charge the levy and that they can set a low or zero rate if they wish.

Planning minister Nick Boles said: “Government has worked actively with councils and developers to get this guidance right and make clear how we expect the levy to work.

“The guidance ensures that councils who have already adopted their levy will not need to do anything new and only councils developing levy rates will need to consider this new guidance.”

He said the government would continue to listen to issues being raised, such as the need for greater clarity at an earlier stage on how the levy will be spent and the suggestion to move the 2014 date when councils will be limited in their use of pooled Section 106 planning obligations for infrastructure that can be funded by the levy.

The government expects to consult on further regulatory changes in the new year.

Liz Peace from the British Property Federation said: “We have been closely involved in the development of this document and are pleased that it clearly sets out what local authorities must do when they are looking to charge the levy”.

In a related development, it has emerged that CIL receipts totalling £26,755 have been collected by Newark and Sherwood District Council during its first year in operation.

The council was the first local planning authority in England to bring CIL into effect.

View the guidance note on the DCLG pages on

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