Amendment to CIL Regulations as of 1 September 2019
An amendment to the CIL Regulations came into force on 1 September 2019. Please direct any CIL questions to CIL@bedford.gov.uk whilst our guidance is being updated.
Guidance on the CIL Regulations can be found using the following link to Government guidance. This includes guidance on exemptions, reviews and appeals.
What is CIL?
The Community Infrastructure Levy (CIL) is a levy that local authorities can choose to charge on most new built development in their area in order to raise funding to carry out infrastructure projects. The CIL Charging Schedule was brought into effect in the borough on 1 April 2014. It applies to new residential development and also convenience based supermarkets, superstores and retail warehouses (net retailing space over 280 sq.m).
How to answer the CIL House and Land sale questions (CON29) (PDF).
CIL charging schedule and maps
Eligible developments that receive planning permission from 1 April 2014 will be charged in accordance with the rates/sq.m set out in the CIL charging schedule. For residential development the borough has five zones within which different rates apply. This can be seen more clearly on the Residential Charging Areas Map. For retail development a single rate applies to convenience based supermarkets, superstores and retail warehouses (net retailing space over 280 sq.m).
Indexation applies to the charges, see information under “CIL Indexation”.
CIL liable development granted planning permission after 1 April 2014 is required to pay the levy. Development given consent under permitted development rights and implemented after that date may also be liable to pay CIL. CIL will operate alongside a scaled-back system of Section 106 agreements covering site related issues and affordable housing. More information on the Council’s approach to planning obligations can be found in the Planning Obligations SPD.
Community infrastructure levy was adopted through the CIL examination.
CIL liable applications
Not all development is liable for CIL. The following types of planning applications are liable:
All applications for full planning permission, Section 73 variations and reserved matters applications if the outline planning permission was granted on or after 1st April 2014 if for:
Residential development of one or more dwellings through new build or conversions even if less than 100 sq.m.
The establishment of other residential floorspace such as extensions, and other ancillary buildings such as stores, garages if over 100 sq.m (or less than 100 sq.m if it contributes to the creation of a new dwelling)
Convenience based supermarkets and superstores and retail warehouses (net retailing space over 280 sq.m) or an extension of over 100 sq.m to such retail stores.
Depending on the circumstances relief from CIL may be available - see below.
In the first instance if you have queries about whether or not a development is CIL liable look at the information in CIL Guidance which provides information about the levy and how it applies in the borough.
If you are uncertain whether your proposal is liable for CIL, you should submit a CIL Question Form with your application (see below) - which is a validation requirement anyway on CIL liable applications. We can then work out whether CIL is payable or not.
Exemption and reliefs
In some cases, exemptions, relief or payment in instalments are allowable. See http://planningguidance.communities.gov.uk/blog/guidance/community-infrastructure-levy/relief/
Mandatory relief is available for:
- development by registered charities for the delivery of their charitable purposes
- those parts of a development which are to be used as social housing
- self build exemption (for a whole house)
- self build exemption (for a residential annex or extension)
The Council has published an Exceptional Circumstances Statement. In very limited circumstances exceptional circumstances relief may be available from CIL but this may only happen if an S106 agreement has been entered into in respect of the planning permission which permits the chargeable development and the correct procedures in the Regulations are followed. A guidance note is available giving more information on Exceptional Circumstances Relief.
If you think you might qualify for relief, you should speak to the council as soon as possible. You should also seek agreement to your formal claim before starting work on site, as in most cases, relief cannot be granted after development has commenced. If a developer wishes to claim an exemption or relief from CIL because, for example, they are providing social housing, a ‘Claiming Exemption or Relief Form’ or forms SB1 and SB2 for self build homes, annexes will need to be submitted once liability has been assumed.
To claim relief the form must be submitted and a decision received before development commences.
More information and forms can be found at www.planningportal.co.uk/planning/policy-and-legislation/CIL/relief-exemption-and-phase-credits
Payment instalment policy
CIL can be paid in instalments in line with our CIL Instalment Policy (PDF).
To take advantage of the instalments policy, applicants must follow appropriate procedures, such as submitting a Commencement Notice at the appropriate time.
Under the CIL Regulations CIL payments must be increased or decreased (index linked) to reflect changes in the costs of delivering infrastructure between the year that CIL was introduced to the year that planning permission is granted. The annual CIL rate summary (PDF) shows how this calculation is made and the changes to the rates in Bedford Borough.
What will CIL be used for?
The requirement for the Council to maintain a CIL Regulation 123 list has been removed following the enactment of the new CIL Regulations 2019 on 1 September 2019. Therefore, the CIL Regulation 123 list is now to be used only as an informative document on how infrastructure may be delivered and funded in Bedford Borough through CIL income and section 106 planning obligations. The Council’s CIL Regulations 123 list has been replaced by the Council’s new Infrastructure Funding Statement shown in the Income Reports below.
See National Planning Practice Guidance for more information on the recent changes to the CIL Regulations.
A proportion of the CIL funds collected from new developments granted planning permission after 1 April 2014 is for neighbourhood funding to address local priorities which in parished areas will be passed to the parishes.