Community Infrastructure Levy (CIL)

The Community Infrastructure Levy (CIL) is a charge on new development to help fund infrastructure such as transport schemes and schools, which the Council, local community and neighbourhoods require to support growth from development. CIL is governed by the CIL Regulations 2010 (as amended).

The website guidance is intended as a summary of the relevant provisions. For detailed guidance, you should always refer to the CIL Regulations 2010 (as amended), Department of Communities of Local Government’s (DCLG)  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; and 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.

Important note: If your development is CIL liable, 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 Form 1: Assumption of Liability), and made any applications for relief (and received a decision) before commencement.

Southend Borough Council CIL charges

Southend Borough Council (SBC) started charging CIL from 27 July 2015 (see Adoption Statement).

As set out in paragraph 3.7 of the CIL Charging Schedule, the CIL chargeable rate per square metre takes into account inflation in accordance with the BCIS All in Tender Price Index (see the CIL Table of Rates Updated 2017 for details of the current charges).

Rates are applied dependent on the planning use, and the location, of the development, with CIL rates based on financial viability. Types of development that are typically less viable will have a lower charge.

Southend-on-Sea has three residential charging zones with variable rates, together with variable rates for commercial uses across the borough. Full details of the charges that apply to development in Southend and a map of the residential charging zones, can be found in Southend Borough Council’s Adopted Charging Schedule.

Are there any deductions, relief or exemptions from CIL?

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. It will be for the applicant to demonstrate lawful use by providing appropriate evidence.

The regulations also exempt some other types of development from CIL. Relief and exemptions must be applied for as it is not automatically given, and this must be done before development commences, using the relevant application forms. Relief/exemptions from CIL cannot be sought after development has commenced. See the Planning Portal and the National Planning Practice Guidance for further information relating to CIL Relief and Exemptions.

Further information about CIL

CIL involves a number of stages, which are legal processes that must be complied with (see Guide to the Stages in the CIL Process). If your development is CIL liable, you will need to send us specific forms and notices at specific times. 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.

Downloads

External links for further information

Contact the S106 & CIL Officer (Tel: 01702 215004) if you need any further information or advice after reading the CIL web pages.

Page last updated: 25/08/2017