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 109 KB)|
|CIL Charging schedule April 2016||(PDF 6.13 MB)|
|CIL Developers guide||(PDF 231 KB)|
|CIL instalments policy September 2019||(PDF 73 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)|
|Community Infrastructure Levy - Annual Rate Summary 2022||(PDF 16 KB)|
The forms relating to CIL can be found on Gov.uk.
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 payments must be index linked from the year that CIL was introduced to the year that planning permissions are granted. Revised CIL charges will be updated annually on the basis of the national index, and published on our website. The current Annual CIL Rate Summary, including index, is available via the link above.
Permitted development/prior approval under general consent
Development permitted under a ‘general consent’ such as permitted development or prior approval is CIL liable if a new dwelling is being created (even if this is through a change of use) or if more than 100 square meter of new retail floor space is being created.
Where a development is due to be commenced under general consent, a Notice of Chargeable Development (Form 5 - Notice of chargeable development) must be submitted to the council. This notice should be submitted before any work commences on site.
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.
Where a development is liable to pay more than £10,000 of CIL, it is possible to make the payment in instalments, as set out in our instalment policy (see document above).
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.
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 firstname.lastname@example.org, or by post to: Spatial Planning and 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
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.
Please contact us for more details of the Community Infrastructure Levy Examination that was carried out during 2014.
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.
The CIL Expenditure Strategy sets out how the council will go about identifying the specific infrastructure project which CIL will fund, in order to support growth and development across the borough. The CIL Expenditure Strategy was approved by cabinet on 17 July 2018. The process of identifying priority infrastructure projects will follow the approved strategy.
Update (October 2019)
The 2019 amendments to the CIL Regulations (which came into effect on 1 September 2019) removed the requirement for authorities to publish a CIL Regulation 123 Infrastructure List.
By no later than 31 December 2020, this list will be replaced with an infrastructure funding statement. However, in the meantime the list remains a useful indication of infrastructure that may be CIL funded and what is likely to be required as part of a Section 106 agreement to be negotiated on a site specific basis.
It should be noted that authorities are now able to seek Section 106 contributions for any item, irrespective of whether it is included on the CIL Regulation 123 Infrastructure List and whether or not CIL will also be used to fund it.
|CIL Expenditure Strategy||(PDF 412 KB)|
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, in line with the process set out in the approved CIL Expenditure Strategy.
Infrastructure Funding Statement
The CIL Regulations now require every planning authority to publish an annual Infrastructure Funding Statement by 31 December each year.
The first Infrastructure Funding Statement for Chesterfield Borough covered the period 1 April 2019 – 31 March 2020.
Each Infrastructure Funding Statement is presented in three parts:
Section 1: The Infrastructure list: A statement of the infrastructure projects or types of infrastructure which the council intends will be wholly or partly funded by CIL
Section 2: The CIL Report: A report on CIL income for the reporting year
Section 3: The S.106 Report: A report on planning obligations for the reporting year
|Infrastructure funding statement 2019-20||(PDF 793 KB)|
|Infrastructure Funding Statement 2020 21||(PDF 557 KB)|