April, 2013: CIL Update

CIL is a charge arising on development granted by planning permission and has been explained in detail in previous issues of this Newsletter. The CIL system allows councils in England and Wales to raise funds for infrastructure to support an area’s development by imposing a charge per square metre of development. Before a council can begin raising cash through the levy, it must publish a table of levy charges – known as a charging schedule – so that each developer can calculate up front how much CIL to pay. This may set out levy rates, variations across economic zones within council areas, different rates for different development classes and exemptions. For charging authorities, the process for putting a CIL charge in place is:

1 Public consultation on the preliminary draft charging schedule,

2 Public consultation on a draft charging schedule,

3 Charging schedule examination,4 Examiner’s report published,

5. Approval of the charging schedule by a resolution of the full council of the charging authority. This is a summary of the councils that have, at the end of 2012, published their preliminary CIL plans or reached a more advanced stage:

London Redbridge started charging on 1 January 2012, the London Mayor’s charges started 1 April 2012, and Wandsworth began 1 November; Croydon, Merton, Brent, Barking & Dagenham, Barnet, Lewisham, Hillingdon, Sutton, Islington, Southwark, Harrow, Haringey, Hammersmith & Fulham, Newham, Lambeth, Camden, Tower Hamlets and Richmond have all published preliminary drafts and some are more advanced.

South East Portsmouth City started charging on 1 April 2012, and Wycombe on 1 November; Plymouth, Fareham, Havant, New Forest, Elmbridge, Southampton, Mid Sussex, Dartford, Bracknell, Sevenoaks, Oxford, Surrey Heath, Wealden, Reigate & Banstead, Rushmoor, Winchester and Dover are all progressing.

South West Poole and Bristol both started charging at the beginning of January 2013; Plymouth, Exeter, Mid Devon, Torbay, Bath & North East Somerset, West Dorset/Weymouth & Portland, Taunton Deane, North and South Somerset, Swindon, Purbeck, Wiltshire, S Gloucestershire and Teignbridge are under way.

East of England Huntingdonshire started charging on 1 May 2012; Colchester, Greater Norwich, Waveney, Chelmsford, Peterborough, E Cambridgeshire, Bedford, Three Rivers and Central Bedfordsire are in hand.

East Midlands Newark & Sherwood District Council started charging on 1 December 2011; Bassetlaw, Gedling, Corby, East Northamptonshire, Kettering and Wellingborough are all progressing.

West Midlands Shropshire began charging 1 January 2012; Rugby and Birmingham have published drafts.

North East Only Newcastle, Gateshead and Durham have so far published preliminary drafts.

North West Only Central Lancashire, Trafford and Bolton have so far published preliminary drafts.

Only Sheffield City Council has published a preliminary draft in Yorkshire and The Humber.

Planning authorities with a charging regime in place have to collect payment (this includes London boroughs who collect for the Mayor) and most now require completion of a CIL form to be submitted with every application before validation – although this doesn’t yet apply to appeals.