The

Community Infrastructure Levy

- a planning [law] gain?

Jill Dickinson

Sheffield Hallam University

SLS - September 2014

The Community Infrastructure

Levy - a planning [law] gain?

• What is it? How is it charged? Imposing it?

• Tracing its development/Rationale behind

it

• Just one piece of the overall jigsaw...

• Stakeholder perceptions:

– "is it faster, fairer and more transparent than

the previous system"?

• The future?

What is the Community

Infrastructure Levy?

• Optional levy by local authority (LA)

• "CIL Watch: Who's charging what?"

• Charged on new buildings/extensions

• To help pay for supporting infrastructure

that the council, local community and

neighbourhoods want

• Usually cash but could also include

payment in kind, eg. land or infrastructure

Process for imposing

a CIL charging schedule

Evidence of economic viability

Draft charging schedule

Public consultation

Independent examination

Full council resolution

Average 23 months (Savills, 'CIL The Countdown to April 2015, July 2014)

How is CIL charged?

• Chargeable in respect of buildings

• Can charge different rates within the area for different:– zones;

– proposed uses; and/or

– scales of development

• Could be payable even if planning permission not required

• Exemptions

• When does it become payable?

• Who is responsible?

• Potential criminal offence

Tracing its development following

the Planning Act 2008...

CIL Regs2010

CIL (Amendt Regs) 2011

CIL (Amendt Regs 2012)

CIL (Amendt Regs 2013)

CIL(AmendtRegs2014)

The backdrop

CIL - just one piece of

the overall jigsaw...

• Planning Permission Conditions

• National Planning Policy Framework/the

Development Plan

• s.106 Agreements

• s.278 Highway Agreements

Stakeholder perceptions:

"is the new system faster, fairer and

more transparent?

• Double-dipping

• Variety of rates

• Shortfall?

• BPF: Increased cost -v- greater simplicity, certainty, predictability and transparency

• Shorter negotiation -v- increased bureaucracy (Hewitson and Purvis)

• Increased take-up

The future?

• Recent "seismic shifts in planning" tip

balance in developers' favourElle Cass 6 June 2014

• Notional or truly voluntary system?

• Impact on s.106 agreements

• 6 April 2015

• Forthcoming General Election

Jill DickinsonDepartment of Law and Criminology

Sheffield Hallam University

jill.dickinson@shu.ac.uk

@Jill_Dickinson1

http://uk.linkedin.com/in/jilldickinson1

http://shu.academia.edu/JillDickinson