Community Infrastructure Levy (CIL)
Information about the Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL) Regulations came into force in April 2010 and provide Borough and District Councils, as 'charging authorities', with a mechanism to raise money from development in their area to fund infrastructure. The money raised will be used to help fund infrastructure to meet the needs of the community (such as improvements to roads, schools, parks, playgrounds and other community facilities), and therefore support growth. It will still be possible to secure some funding through section 106 agreements, but this is likely to be scaled back and more often be restricted to more site-specific requirements.
CIL is a non-negotiable charge, which will apply to certain new development and is calculated on a £ per square metre basis, charged on the net level of development proposed. In order to charge CIL, the Council must implement a Community Infrastructure Levy charging schedule based on evidence of viability. This will help the Council determine the correct rates to charge and whether to vary the charge for different parts of the Borough or for different types of development or different scales of development.
Under the Community Infrastructure Levy Regulations 2010 (as amended), there are some mandatory exemptions from liability to pay CIL, particularly for social housing schemes, charitable development, residential extensions, annexes and self-build housing.
Areas of the Borough with neighbourhood plans in place will secure 25% of the CIL revenues generated in their area for infrastructure in their area. This falls to 15% in areas which do not have a neighbourhood plan in place.
In order to charge the Levy, the Council must set out the levy rates it wishes to charge development in a CIL Charging Schedule which must be subject to consultation and independent examination prior to its implementation by the Borough Council.
Submission of the draft Charging Schedule for Examination
Following consultation of the CIL draft charging schedule in February to April 2020 and consultation on a Statement of Modifications in July to August 2020 the Council submitted its CIL draft charging schedule and supporting evidence on the 4 September 2020 to an independent CIL Examiner.
The CIL examination took place on Monday 26 October 2020 virtually via MS Teams and not in person but a livestream of the examination is available to view on the Council's YouTube Channel which can be accessed at https://www.youtube.com/channel/UC1wt1RM-wGRMeCTTKpxVUjg.
The Council's submission documents, details of the CIL examination including the examination documents can be found on the examination webpage.
For the duration of the current Covid-19 lockdown measures, copies of the Submission Documents cannot currently be accessed at all of the usual public venues. However, Surrey County Council has now made computer access available at Chertsey and Egham libraries and computer access is also available at the Civic Centre in Addlestone where submission documents can be viewed on CD. In all cases computer access is subject to restrictions and booking. In this respect please contact the Borough Council before visiting the Civic Centre or visit the Surrey County Council website at https://www.surreycc.gov.uk/libraries/news-and-events/news/coronavirus#usage for further information.
Should anyone have difficulty accessing the libraries at Chertsey and Egham and the Civic Centre in Addlestone, the Council will instead make the submission documents available on request. Therefore should anyone wish to receive a copy of any of the CIL submission documents, please call the Council on 01932 838383 or email the Council at email@example.com These contact details should also be used to request hard copy documents in the event of a further lockdown and library closures due to Covid-19.
Should the remaining local libraries (New Haw & Virginia Water) re-open to the public with computer access the submission documents will also be made available in these locations as soon as practically possible.
The Council will publish the CIL Examiner's final report as soon as it receives it.
Developers, planning agents and individuals making planning applications should begin to familiarise themselves with the draft Charging Schedule and CIL Regulations. Guidance on CIL can be found at: https://www.gov.uk/guidance/community-infrastructure-levy