Amendment to CIL Regulations as of 1 September 2019
An amendment to the CIL Regulations has come into force as of the 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.
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).
For documents not online, email CIL@bedford.gov.uk quoting the application number.
Read the overview on CIL (PDF).
Will CIL replace S106 Agreements?
For most residential developments CIL will largely replace off-site S106 contributions, for example, towards off-site sports provision or school places. The borough will continue to use S106 agreements to secure affordable housing from residential developments and essential site specific mitigation from residential and other types of development that are needed to enable developments to proceed.
How much will I have to pay?
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).
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).
- CIL charging schedule (PDF)
- CIL residential charging areas map (PDF)
- Check the CIL Charge for your property
Indexation applies to the Charges from 1st January 2016, see information under "CIL indexation" and/or in 'Check the CIL Charge for your property' above
CIL liable development granted planning permission after 1st 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.
Read the overview on Community Infrastructure Levy (PDF).
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.
Next steps if your planning application is CIL liable
You must submit the CIL Question Form with your application if your proposal is liable for CIL. The CIL Question Form is a planning application validation requirement.
If the CIL applies to more than one new building a schedule listing the GIA floorspace of each building should be supplied with the CIL Questions form if not provided as part of the planning application.
If the amount of CIL is to be reduced due to the demolition of buildings in lawful use or re-use of part of an existing building, each building must be listed separately on the CIL form Q7 and a plan must be supplied to show the location of the floorspace/buildings referred to in Q7.
You may also wish to submit an Assumption of Liability Form 1 at the same time to make it clear who will be liable to pay the levy. This form must be submitted before development commences.
If you have read the advice on the website and still have questions about how to fill in the forms, or CIL relief, or the CIL process please email CIL@bedford.gov.uk.
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 (see para 110 of the guidance)
- those parts of a development which are to be used as social housing (see para 112 of the guidance and CIL Guidance Note, Social Housing Relief)
- self build exemption (for a whole house) [see paragraph 135 of the guidance]
- self build exemption (for a residential annex or extension) [see paragraph 145 of the guidance].
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.gov.uk/planning/applications/howtoapply/whattosubmit/cil
If my application is granted, what happens next?
We will issue a Liability Notice with the planning decision notice. This says how much CIL is payable and when.
The following must be completed and submitted prior to commencement of development:
- Form 1 - Assumption of Liability: the person(s) responsible for paying CIL must send us an Assumption of Liability Form before commencement. If not, the charge will default to the owner of the land and there may be additional costs. If you are submitting an application and will be responsible for paying the CIL, you can submit this Form with the CIL Question Form. There are also forms to submit if liability changes before the scheme commences. It may speed up issuing a liability notice if this form is submitted before planning permission is granted.
- Form 6 - Commencement Notice: this must be sent to us with the date that development will commence. If we do not receive a Commencement Notice a penalty will be added and full payment will be due immediately. See form below.
- Form 2 - Claiming Exemption or Relief: must be submitted prior to commencement. See form below.
- When the Council receives the Commencement Notice a Demand Notice will be issued for the CIL payment, setting out the payment due dates in line with the payment procedure.
- On commencement of development the landowner or whoever has assumed liability, should follow the correct payment procedure.
- The collecting authority must issue a receipt for each payment received.
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 index we must use is the national All-in Tender Price Index published by the Building Cost Information Service (BCIS). This index has increased by 32 % in the past 4 years and therefore the CIL payable on planning permissions granted in 2018 will be increased by this amount above the rates set out in the approved charging schedule.
- CIL Questions Form
- Form 1 - Assumption of Liability
- Form 2 - Claiming Exemption and Relief
- Form 3 - Withdrawal of Assumption of Liability
- Form 4 - Transfer of Assumed Liability
- Form 5 - Notice of Chargeable Development
- Form 6 - Commencement Notice
- Form 7 - Self Build Exemption Claim Form Part 1
- Form 7 - Self Build Exemption Claim Form Part 2
- Form 8 - Self Build Annex Exemption Claim Form
- Form 9 - Self Build Extension Exemption Claim Form
Please note we do not currently use a Liability Notice reference, please use the planning reference instead.
In rare cases, permitted development (that is development which does not require planning permission) may be of sufficient scale to be liable to CIL if for example a change of use from a building to residential use occurs after 1 April 2014 when the building has not been in lawful use for 6 continuous months in the three years before development starts. You must serve a Notice of Chargeable Development on us before the development is commenced unless the development is less than 100 sq.m or the levy rate for the development is £zero. The CIL charge is then calculated and applied as though planning permission had been issued.
What will CIL be used for?
The Council must specify what it intends to spend CIL receipts on in what is known as a ‘Regulation 123 List’. The Council approved this list on 5 February 2014. CIL Regulation 123 restricts the use of planning obligations for infrastructure that will be funded in whole or in part by the Community Infrastructure Levy, to ensure there is no duplication between the two types of developer contributions being sought towards the same project.
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.