How CIL operates
CIL is one method to help fund the delivery of infrastructure to support the planned growth identified within the adopted Local Plan 2026.
It operates alongside the much restricted, but continued use of section 106 planning obligations that can continue to be used to secure site-specific mitigation providing they meet the statutory CIL Regulation 122 Tests.
Other methods can also be used to secure mitigation that have no limitations e.g. s278 Highway agreements, controlling works or alterations to an existing highway.
Planning Conditions attached to a decision notice (whichever the relevant notice is for a development), can be used where these are the most appropriate method to secure the delivery of infrastructure requirements or mitigation under adopted policy. Most often this method is used in circumstances where the works are provided for directly by the applicant either on-site or off-site as identified during the application decision making process.
In circumstances where CIL and or planning conditions are the only requirements, CIL will not hold up the determination of a planning application or subsequent issue of a Decision Notice.
The operation of CIL is very different to the operation of section 106 planning obligations. CIL is a mandatory charge on relevant development. Any development that is identified as CIL liable development under the framework of the CIL Regulations and an adopted CIL Charging Schedule will automatically trigger the liability to charge CIL.
It is not just development by companies and the development sector to which CIL may become liable. Subject to scale of floor space, the following development proposals will also be liable to pay CIL:
- Permitted Development works (householder and other)
- Householder development (extension planning applications)
- Self-build dwellings
- Residential annexes
Small-scale proposals and works to buildings that generate a gross internal area of new build that is less than 100sqm are likely to become exempt from CIL liability if they satisfy the requirements of Regulation 42 to be defined as ‘minor development exempt’ for CIL purposes. This does not apply to new dwellings as these are CIL liable no matter what the GIA sqm, or to any annex where it meets the CIL Regulations 2010 (as amended) definition of a ‘dwelling’.
The CIL Regulations make provision for householder extensions (that are not CIL minor development) that have proposed floorspace of 100sqm GIA or more, residential annexes and self-build dwellings (no matter what their size) to potentially be exempt from the liability to pay CIL. This is not an automatic exemption and must be applied for. In some cases these exemptions cannot be applied for.
As a mandatory charge on development, a failure to pay CIL could lead to:
- locally imposed financial surcharges and/or interest being applied
- the issue of a Stop Notice to prevent further development until the CIL Payment is made
- asset seizure
- a prison term
Continued use of section 106 obligations
Under CIL Regulation 122, a planning obligation may only constitute a reason for granting planning permission for development if the obligation is:
- necessary to make the development acceptable in planning terms
- directly related to the development
- fairly and reasonably related in scale and kind to the development
In the event that section 106 obligations, or other legal methods e.g. highways agreements under s278 of the Highways Act 1980 are a necessary requirement, these will still need to be secured in advance of the release of any relevant decision that permits works. s278 Highways agreements can be entered into for certain works and financial contributions after the grant of permission.
Information on infrastructure mitigation and impact of development can be found across the multiple applicable webpages on this website
Infrastructure mitigation and delivery includes but isn’t limited to:
- Affordable Housing
- Open Space construction ownership management and/or off -site contributions to different types of open space including Local Open Space (LOS), Major Open Space (MOS), formal play facilities, outdoor sport provision and allotments
- Transport for example, Travel Planning, bus services, improvements to existing highway network
- Education
- Community Forest
- Biodiversity Net Gain
- North Meadow Special Area of Conservation
The Council may make a decision to add a requirement for the submission of some form of infrastructure statement to its Validation Checklist for relevant development proposals and the validation of these may be held up without it.
For more information on this please see the Checklists for Planning Applications webpage.
Use of section 278 agreements under the highways act 1980 (as amended)
In circumstances where infrastructure mitigation or the delivery of works is required on the existing highway network, the Council as Local Highway Authority has the ability to secure the delivery of such and/or the financial contributions towards such under a s278 Highways Act 1980 (as amended) agreement.