Community Infrastructure Levy 2020 (CIL)

Until further notice due to the Coronavirus we are unable to accept PAPER planning applications, comments on planning applications, compliance complaints or forms relating to the Community Infrastructure Levy (CIL). Planning applications must be made electronically via the planning portal www.planningportal.co.uk Comments on planning applications must be made on the online comment facility https://www.arun.gov.uk/weekly-lists, compliance complaints must be made on the online form https://www.arun.gov.uk/planning-compliance and the submission of CIL forms (with the exception of CIL Form 1 which must be submitted with the planning application itself) must be sent to CIL@arun.gov.uk.

We are working towards setting up a Development Control Committee for 27 May 2020 to determine planning applications in the normal way. The Government are setting out legislation on how this should be achieved. The Government sent a letter to local councils recently, which is attached here: Chief Planners Newsletter - March 2020.pdf [pdf] 135KB . There is currently no change to the Council’s scheme of delegation and applications will still need to be determined at a Committee meeting if necessary. It is highly likely that this meeting (and future meetings) will be held remotely or with a reduced number of members and details will be published when they have been agreed.

Community Infrastructure Levy

From 1 April 2020, all relevant planning applications granted full planning permission on or after that date will be subject to CIL.  If you have any specific questions at this time, please do get in touch: cil@arun.gov.uk or 01903 737500 and ask for Planning Policy.

 

On this page:
The Arun CIL Charging Schedule and CIL Charges
CIL Zone Maps
How will CIL Affect You?
CIL Forms
CIL Charging Process
Exemptions & Relief
Appeals
Useful Documents and Links
Town and Parish CIL
CIL FAQ for applicants and developers

 

The Arun CIL Charging Schedule and CIL Charges

The Arun CIL Charging Schedule and CIL Charges

Arun District Council approved the Arun Community Infrastructure Levy (CIL) Charging Schedule on 15 January 2020 and agreed that it would come into effect on 1 April 2020. 

This means that from 1 April, Arun District Council will be a CIL Charging Authority and will charge CIL liable developments on a pound (£) per square metre (sqm) basis in accordance with the charges in Table 6.1 of the Arun CIL Charging Schedule.   Rates will vary based on the type, size and location of each development.

The Arun CIL Charging Schedule and the Planning Policy Sub-Committee report (of 17 December 2019), which sets out the modifications made to the Draft Charging Schedule, as recommended by the CIL Examiner, are published below.

Please note:

  • The CIL Zone Maps are is available in the section below;
  • Arun will accept payments of CIL receipts by instalment, in accordance with the Council’s Instalments Policy, which can be found under Section 7 of the Charging Schedule; and
  • In accordance with paragraph 3.3 of the Charging Schedule, the CIL charge will take into account inflation in accordance with the CIL Index (based on the BCIS All-in Tender Price Index).  Indexation process will take effect from April 2021.  For more information, see the Frequently Asked Questions document provided below

Arun CIL Charging Schedule Jan 2020.pdf [pdf] 1MB

 

CIL Zone Maps

The Arun CIL Charging Schedule Charging Zone Map - Appendix 1 of the Arun CIL Charging Schedule, is available to view here:  Arun District Council CIL Zone Map 1 – District Wide.pdf [pdf] 9MB

Alternatively, please use our online Geographical Information System (GIS) to view the council's proposed CIL Charging Zones. The map also includes parish boundary information.  Please see the instructions below to find out how to use the mapping system:

  1. You can simply click on the map to identify the zone classification
  2. Or, search for your property by full address or postcode, in the box centred above the map window.
  3. Once you have located your property in this box click on the address.
  4. This will centre the map over your selection and put a pin on the property
  5. To see the information relating to this property use the drop down menu called “What would you like to do?” and select “Local Knowledge”

 

How will CIL Affect You?

CIL is a charge on new development and the money received will fund essential infrastructure such as transport schemes, flooding, greenspace, leisure centres and schools, to support planned growth from development.

CIL is governed by the CIL Regulations 2010 (as amended).  This webpage is intended as a summary of the relevant provisions. For detailed guidance, you should always refer to the CIL Regulations 2010 (as amended), Ministry of Housing  Communities of Local Government’s (MHCLG)  National Planning Practice Guidance and the Planning Portal. You should seek your own advice if you are in any doubt as regards to how CIL operates or affects your own position.

A development is liable for CIL if it:

  • creates a new dwelling of any size; or
  • creates over 100sqm of gross internal floorspace (new build), before making deductions for existing floorspace that is to be demolished; and
  • involves new buildings or floorspace into which people normally go.

CIL applies to development permitted through a planning application, or an appeal. CIL can also apply to certain developments allowed under Permitted Development rights (i.e. where an application for planning permission is not required), where the requirements for CIL are triggered.  In these cases you must submit a Notice of Chargeable Development (CIL Form 5). Failure to do so means that the Council can impose penalty surcharges, up to £2,500.  (See further information below)

Please note:

  • It is the Council’s local validation requirement that you submit CIL Form 1: CIL Additional Information  alongside any planning application.  Your planning application will not be validated until this is received.
  • If your development is CIL liable (this includes developments where relief has been granted), you must notify us of your intention to commence works before development starts on site (including site preparation/demolition) by submitting Form 6: CIL Commencement Notice. You must also have notified us of the person(s) who will assume liability to pay CIL (by submitting CIL Form 2: Assumption of Liability), and made any applications for relief (and received a decision) before commencement.

All forms that must be submitted are available on the Planning Portal but must be submitted directly to the CIL Officer – CIL@arun.gov.uk

 

CIL Forms

Below, the CIL forms, quoted in the sections above are provided.  These have been taken from the Planning Portal website and are up to date as of 1 April 2020.

CIL Guidance.pdf [pdf] 129KB
Form 1 CIL Additional Information.pdf [pdf] 368KB
Form 2 Assumption of Liability.pdf [pdf] 314KB
Form 3 Withdrawal of Assumption of Liability.pdf [pdf] 282KB
Form 4 Transfer of Assumed Liability.pdf [pdf] 299KB
Form 5 Notice of Chargeable Development.pdf [pdf] 302KB
Form 6 Commencement Notice.pdf [pdf] 291KB
Form 7 Self Build Part 1 Exemption Claim Form Part 1
Form 7 Self Build Part 2 Exemption Claim Form Part 2.pdf [pdf] 288KB
Form 8 Residential Annex Claim.pdf [pdf] 286KB
Form 9 Extension Exemption.pdf [pdf] 281KB
Form 10 Charitable Social Housing Relief Claim.pdf [pdf] 351KB
Form 11 Exceptional Circumstances Relief Claim.pdf [pdf] 309KB
Form 12 Further Charitable Social Housing Relief Claim.pdf [pdf] 346KB
Form 13 Further Exemption Claim.pdf [pdf] 315KB
Form 14 Phase Credit Application.pdf [pdf] 330KB

 

CIL Charging Process

 

Stage 1: CIL Additional Information Form - Applicant/Agent

Full, reserved matters & householder planning applications must be accompanied with a Form 1: Additional Information Form.   Please note: the application will be invalid without fully completed form attached.

Further information may be required for larger or more complex applications if the information on the form is not sufficient for the council to determine whether the development is CIL liable and to calculate the CIL liability.

 

Stage 2: Liability to pay CIL - Applicant/Agent

Form 2: Assumption of Liability should be submitted with Form 1 on submission. This can be changed if the liable party changes before development commences using Form 3 or Form 4 (whichever is applicable).  Please note: If applicable, you should complete the relevant exemption or relief form at this stage.

 

Stage 3: Liability Notice - CIL Officer

If the application is granted planning permission, the Council will issue a Liability Notice (to the person(s) named in Form 2: Assumption of Liability).  This will explain how much CIL will be payable which will become due on the date of commencement - detailed below.  Please note: Even if the figure is £0, you will still receive a Liability Notice.   

 

Stage 4: Commencement Notice - Applicant/Agent

Before works commence (including demolition) submit Form 6: Commencement Notice, notifying the council of the exact date that commencement will take place.  This form must be submitted at least once clear working day before the date of commencement.  Please note: Failure to submit this form may result in the ability to pay the charge in instalments; and you may also incur a surcharge. *This form is different from any similar form required by Building Control or Planning Enforcement*

It is important that you wait until you receive an acknowledgement from the CIL Officer that this form has been received.  Failure to do this before commencement will result in loss of any rights to pay by instalments and result in a surcharge.

 

Stage 5: Demand Notice - CIL Officer

You will be issued with a Demand Notice from the date of commencement.  This will state the amount of CIL to be paid, when it should be paid and how it should be paid.

 

Stage 6: Payment of CIL - Applicant and acknowledgment - CIL Officer

The Demand Notice will include an invoice to enable ease of payment. Payment procedures will be set out in the Council’s invoice(s) and we will acknowledge all payments received.  Please note: If CIL is due, and not paid, then we can take a range of enforcement actions. 

Upon payment, providing you are not subject to any relief and clawback periods, we will remove the CIL charge from the Land Charges Register. 

 

Stage 7: Notification to Land Charges

Once we have received the CIL payment, the CIL charge will be removed from the Land Charges Register.

However, if an exemption has been granted for a Residential Extension, the CIL charge will be removed from the Land Charges Register once commencement has been confirmed. For other types of relief/exemption, the CIL charge will remain on the Land Charges Register for 3 or 7 years, depending on what exemption or relief has been granted, in the event a disqualifying event occurs. The CIL charge will be removed when the time period lapses.

In the event a permission is not implemented and development not built out, the CIL charge will be removed from the Land Charges Register upon expiry of the planning permission.

 

Stage 8: Notification to Council - Applicant/Agent

Where relief has been granted, and then a disqualifying event occurs, you must notify the Council, in writing, giving 14 days advance notice.  Failure to do so will incur a penalty surcharge.  A CIL Demand Notice will be issued detailing the payment due.  Please note: If you fail to notify us of a disqaluifying event, we will give the relevant person(s) 28 days notice before taking action.

*CIL involves a number of stages, which are legal processes that must be complied with.  Failure to do so could result in penalties such as surcharges (up to £2,500) and removal of any exemptions/relief or instalments granted to you. We can also take enforcement action to collect outstanding CIL charges; in the most severe cases this may include stopping development on site or taking court action*.

 

Exemptions & Relief

Minor development eg. an extension to an existing building where the gross internal area of the new build will be less than 100 square metres is exempt from liability to pay a CIL charge.  Other types of development may be exempt from the CIL charge. These include

  • residential annexes or extensions
  • self-build house and
  • charitable development
  • Social Housing

These are subject to the receipt of a valid exemption application form.

Gross internal floorspace of any existing buildings, including buildings that are going to be demolished, can be deducted from the CIL liability if they have been occupied in a lawful use for a continuous period of at least 6 months within the period of three years ending on the day planning permission permits the development.  The applicant will need to provide evidence to demonstrate such lawful use.

Surcharges

If the CIL process is not followed correctly the following surcharges/interest will be applied:

  • Surcharge of £50 on each person liable to pay CIL for failure to assume liability (Regulation 80) 
  • Surcharge of £500 for each material interest where liability has to be apportioned (Regulation 81) 
  • Surcharge equal to 20% or £2,500 of the chargeable amount, whichever is the lower amount, for failure to submit a Notice of Chargeable Development (Regulation 82) 
  • Surcharge equal to 20% or £2,500 of the chargeable amount, whichever is the lower amount, for failure to submit a Commencement Notice (Regulation 83) 
  • Surcharge equal to 20% or £2,500 of the chargeable amount, whichever is the lower amount, for failure to notify of a disqualifying event (Regulation 84) 
  • Surcharge equal to 5% or £200, whichever is the greater amount, on the outstanding liability for late payment after the end of 30 days after the liability is due, further increasing after outstanding after six months and after 12 months under Regulation 85
  • Surcharge equal to 20% or £1,000 of the relevant amount, whichever is the lower amount, for failure to comply with an Information Notice under Regulation 86
  • Late payment interest at a rate of 2.5% on the relevant amount above Bank of England Base Rate due from the date payment was due under Regulation 87

The Community Infrastructure Regulations 2010 (amended)

 

Appeals

Appeals can be made against all aspects of the Community Infrastructure Levy collection & enforcement system.  CIL Appeals are subject to their own appeals procedures under the CIL Regulations 2010 (as amended).

  • Chargeable Amount Appeal (Reg. 114)
  • Apportionment of Liability Appeal (Reg. 115)
  • Charitable Relief Appeal (Reg. 116)
  • Exemption for Residential Annexes Extensions Appeal (Reg. 116A)
  • Exemption for self-build housing Appeal (Reg. 116B)
  • Surcharges Appeal (Reg. 117)
  • Deemed Commencement Appeal (Reg. 118)
  • CIL Stop Notice (Reg. 119)

Appeals under Regulations 114, 115, 116, 116A and 116B are administered by the Valuation Office Agency (VOA). Information on how these appeals are administered and how to make an appeal under one of these regulations is located on the Gov.uk - Making a CIL Appeal website.

Appeals under Regulations 117, 118 and 119 are administered by the Planning Inspectorate. Information on how these appeals are administered and how to make an appeal under these regulations is located on the Gov.uk - Appeal a CIL Enforcement Notice website.

 

Useful Documents and links

 

External Links for further information

 

Town and Parish CIL

To follow

 

CIL FAQ for applicants and developers

Please see our FAQ document:  CIL FAQv3 for applicants and developers 2019.docx [docx] 94KB

 

If you have any specific questions at this time, please do get in touch: cil@arun.gov.uk or 01903 737500 and ask for Planning Policy.