Community Infrastructure Levy - advice for applicants - The former Christchurch and East Dorset councils

The Community Infrastructure Levy (CIL) is a locally set charge on development that local authorities can choose to introduce on new developments in their area.

The Community Infrastructure Levy (CIL) was introduced through the Planning Act 2008 and defined in the CIL Regulations 2010 (as amended). CIL funds are used to provide infrastructure which is required to support new development in the area across Christchurch and East Dorset. The CIL rate is expressed as pounds per square metre and is levied on the gross internal floorspace of the net liable development.

The former Christchurch Borough and East Dorset District Councils formally adopted the Community Infrastructure Levy Charging Schedule at its full Council meetings held on the 5 and 6 September 2016 respectively. The Christchurch and East Dorset CIL charging schedules took effect on the 3 January 2017, and applies to any planning decisions made from that date.

Given the complexity of CIL it is important that all applicants adhere fully with the CIL Regulations 2010 (as amended) and the following guidance:

• National Planning Practice Guidance
• Christchurch and East Dorset CIL Guide for Developers and Applicants

Following this, CIL liable applications can be submitted on the relevant forms:

• Planning Portal CIL forms

Christchurch and East Dorset CIL Charging Schedules

The adopted CIL Charging Schedules for the former Christchurch Borough and East Dorset District Councils can be downloaded below:

• Christchurch and East Dorset Charging Schedules

The following supporting documents are also available which apply in Christchurch and East Dorset:

• Regulation 123 list
• CIL instalment Policy
• CIL Payment in Kind Policy

The background to CIL, including further detail of the preparation process is also available.

General Advice for applicants

For both Christchurch and East Dorset, planning applications determined on or after the 3 January 2017 that are CIL liable will be required to make the necessary payment unless there are circumstances which exempt them (see below). This includes situations where a resolution to grant planning permission subject to a S106 legal agreement is made before CIL is implemented but the formal grant of planning permission is made on or after the 3 January 2017. CIL will also apply to any appeal decisions allowed after the implementation date of the 3 January 2017.
There are certain situations where CIL may not be required which include:

• if a scheme is granted outline planning permission before the CIL implementation date, the subsequent approval of reserved matters will not trigger a liability for CIL. CIL will only be liable for permissions for new outline applications or detailed full applications
• the renewal of a planning permission which was approved prior to the CIL implementation date will not trigger a liability for CIL
• applications made under Section 73 of the Town and Country Planning Act to vary a permission that was granted prior to the implementation date where there is no increase in floor space over the original consent will not trigger a liability for CIL
• residential extensions will not be liable for CIL and this will apply to extensions above 100sqm. Residential annexes will remain liable for CIL

To enable us to calculate CIL liability, a  CIL Additional Information Requirement Form will be required to validate applications for full planning permission.  Please refer to the  Planning Portal Guidance Notes when completing this form.

Frequently Asked Questions

• what types of development require a CIL payment? This is set out in section 1.8 of the 'Christchurch and East Dorset CIL Guide for Developers and Applicants' linked above on this page.
• what are the CIL rates and how is CIL calculated? There are separate charging schedules for Christchurch and East Dorset, please refer to the 'Christchurch and East Dorset CIL Guide for Developers and Applicants' for tables of CIL rates and maps of charging zones, the new neighbourhoods highlighted are zero rated.
• when do I pay CIL? CIL is payable upon commencement of the development, for further information including instalments, please see our Payments Instalment Policy above.
• what forms do I need to submit and when? The CIL Regulations set out a clear statutory process for the collection of CIL that both applicants and the Councils must follow. This process requires the submission of a number of standard forms by the applicant and the issue by the former Christchurch and East Dorset Councils of a number of statutory notices. Please refer to section 3.0 of the 'Christchurch and East Dorset CIL Guide for Developers and Applicants' and the Planning Portal pages (see link above) for detailed explanation and guidance.
• what if I think the CIL charge for my development is incorrect?Firstly please contact us using the details at the bottom of this page. To appeal formally against your CIL charge, please refer to section 6.0 of the 'Christchurch and East Dorset CIL Guide for Developers and Applicants'.
• what if I don't pay or follow the correct steps? Where the council's CIL payment procedure is not followed there are a number of provisions that enable the application of surcharges and ensure the effective enforcement to recover CIL monies once there is a delay within the collection process. Our Enforcement Procedure Guidance Note will provide a summary of the Enforcement of the CIL Regulations 2010 (as amended), identifying the penalties and enforcement powers that will be taken by us.
• can I claim relief or exemption from paying CIL? CIL will in most cases be a fixed non-negotiable charge on development. However, different forms of relief and exemptions are available to give relief from paying CIL. Further information regarding these can be found on the Planning Practice Guidance Website using the link above or in section 5.0 of our 'Christchurch and East Dorset CIL Guide for Developers and Applicants'.  It is important to complete the correct forms from the link on his page when applying for relief or exemption and be fully aware of any disqualifying events that will require the full CIL to be paid.
• what does my CIL payment get spent on? The infrastructure projects that are to be funded through CIL, either in whole or in part, are identified on our approved Regulation 123 list that can be viewed above on this page. To ensure that the levy is open and transparent the annual breakdown of CIL spending will be found in the latest CIL Monitoring Report.
• how does CIL operate alongside S106?A Section 106 legal agreement can only be used to secure planning obligations that are directly related to the development, not being delivered through CIL and necessary to enable the grant of planning permission.  There may be instances where development will pay CIL as well as need to make a Section 106 planning obligation (i.e. to secure affordable housing, which is outside of CIL or a pedestrian crossing required to mitigate a specific impact. There is also a need to make a payment for south east Dorset Heathland 'Strategic Access Management and Monitoring' where a development has a net gain in new dwellings). For more information please refer to section 1.17 of the 'Christchurch and East Dorset CIL Guide for Developers and Applicants'.
• how does the Residential rate of £70 apply to developments with a combined floorspace of more than 1000sqm?  The Christchurch and East Dorset Charging Schedules include differential residential rates based on the scale of development. Each schedule includes a rate of £150 which applies to residential developments of 10 units or less or less than 1000sqm floorspace. The lower rate of £70 applies to residential developments of 10 units or more or more than 1000sqm floorspace. Therefore, the £70 rate would also apply to a residential development of more than 1000sqm and less than 10 dwellings. The intention of the policy is that the higher rate of £150 would apply to residential schemes that do not provide affordable housing or make a financial contribution towards the delivery of affordable housing.

Further Information

If you require any further information, advice or guidance on CIL contact us: