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Community Infrastructure Levy

Community Infrastructure Levy

The Community Infrastructure Levy (CIL) is a levy that local planning authorities can charge on certain types of new development in their area.

The money is used to support necessary development by funding infrastructure that the Council local community and neighbourhoods have identified through the Local Plan, such as new road schemes, park improvements or new primary schools.

The CIL for Chesterfield Borough applies from 1 April 2016.

Simple guide to the Community Infrastructure Levy (pdf 105 KB)
CIL Charging schedule April 2016 (pdf 6.13 MB)
CIL Developers guide (pdf 231 KB)
CIL Instalments policy April 2016 (pdf 117 KB)
CIL Regulation 123 list April 2016 (pdf 146 KB)
CIL Exceptional circumstances relief policy February 2016 (pdf 73 KB)
CIL Payment in kind notice April 2017 (pdf 119 KB)

The forms relating to CIL can be found on the Planning Portal 

Costs and payment

Eligible developments which are granted planning permission from 1 April 2016 will be liable for CIL, in accordance with the rates set out in the CIL charging schedule. The amount payable is calculated when planning permission is granted.

The following types of planning applications are liable for the Community Infrastructure Levy (CIL) in Chesterfield:

  • all retail developments (use class A1-A5) containing at least 100 square metres of new build (such as extra floor space)
  • development that results in new dwellings and residential extensions of more than 100 square metres of new build that results in the creation of a new dwellings
  • this includes the conversion of a building that is no longer in lawful use (see our guidance notes for liability)

There are a number of exceptions to the charge, for example for social and self build housing (see below). If you are uncertain whether your proposal is liable for CIL, you should submit a CIL information form (CIL Form 0) with your application.

Please be aware that certain types of development carried out under permitted development rights or prior notification procedures may also be liable for CIL.

How is development size calculated?

The size of a development is calculated on the basis of its Gross Internal Area (GIA)

CIL indexation

CIL payments must be index linked from the year that CIL was introduced to the year that planning permissions are granted. The index we must use is the national All-in Tender Price Index published by the Build Cost Information Service (BICS). Revised CIL charges will be updated annually on the basis of the national index, and published on our website.

Relief from CIL

Relief from CIL is available for social housing, self-build housing (including extensions and annexes) and charitable development.

Detailed information on the processes for claiming this relief is contained under the Community Infrastructure Levy Guidance, above.

Instalment policy

Where a development is liable to pay more than £50,000 of CIL, it is possible to make the payment in up to 4 instalments over a period of up to 540 days, as set out in our instalment policy.

Exceptional circumstances relief policy

Our Exceptional circumstances relief policy sets out the tests which need to be met before relief from CIL will be offered.  CIL regulations make clear that relief should only be granted in truly ‘exceptional circumstances’; the fact that a development might be unviable at the time a planning application is considered is unlikely on its own to constitute ‘exceptional circumstances’ in relation to the regulations. In view of this, the exceptional circumstances where this policy will be applied will be rare.  A copy of the policy is available above.

Payment in kind

There may be circumstances where the CIL charging authority and the person liable for the Levy will wish land and / or infrastructure to be provided, instead of  money, to satisfy a charge arising from the levy. Payment in kind is a mechanism which allows the council to accept the payment of all or part of a CIL Liability through the provision of land or infrastructure. 

The council has decided to make available infrastructure and land payments from a party who would be liable to pay CIL in respect of a chargeable development. The policy statement sets out the guidelines on the use of the policy, making  clear that it is offered at the council’s discretion and must provide the most practical and efficient means of delivering an agreed and prioritised infrastructure requirement. 

The payment in kind policy is effective from 1 April 2017 and is available above. 

CIL penalties and enforcement

CIL payment is mandatory and non-negotiable. If you do not pay on time you will be subject to a penalty without further notice, and any agreement for you to pay by instalments will be withdrawn.

There are strong enforcement powers and penalties for failure to pay, including stop notices, surcharges and prison terms.

Appeals

It is important that you submit the CIL additional information form with your planning application, to ensure that your CIL liability is calculated correctly.

If you disagree with our liability notice, you may first request a review under section 113 of the CIL Regulations. To do this, you should write within 28 days, stating why you think the liability notice is incorrect. Send by email to forward.planning@chesterfield.gov.uk, or by post to: Spatial Planning & Key Sites Team, Chesterfield Borough Council Town Hall, Rose Hill, Chesterfield, S40 1LP.

If this does not resolve the issue, you may then appeal under section 114, 115 or 116 of the CIL regulations to the Valuation Office Agency.

It is also possible to appeal to the Planning Inspectorate against a surcharge or enforcement action taken by us taking in relation to the non-payment of CIL 


Further advice on CIL appeals can be found on Gov.uk and in our guidance notes. 

Useful links: 

Planning Portal
Department for Communities and Local Government
Planning Advisory Service


Adoption of CIL in Chesterfield

The Charging Schedule, regulation 123 list and exceptions policy were approved by the Full Council on Thursday 14 October 2015. The full report and appendices can be viewed here.

The Examiner’s report was received in December 2014. 

The supporting evidence for the CIL Charging Schedule is available on request.

What will CIL be spent on?

You can find the list of infrastructure schemes which CIL money will contribute to on the Regulation 123 list.

Neighbourhood Element - how will CIL support neighbourhoods?

CIL will help neighbourhoods to accommodate the impact of new development by sharing CIL revenues. A 15% share of the CIL revenues from development in their areas will be allocated to Staveley Town Council and Brimington Parish Council to deliver the infrastructure that local communities want. In other areas of the Borough, the Council will retain the neighbourhood proportion and will engage with local communities where development has taken place and agree with them how best to spend the neighbourhood funding element.


Last updated on 19 May 2017