Community Infrastructure Levy
(CIL)
The Community Infrastructure Levy (CIL) is a new power which enables a charge to be levied on the net increase in gross internal area floorspace arising from development in order to fund infrastructure that is needed to support development in the area.
What development will be liable for CIL?
• If it is for a building into which people normally go; and
• If it involves new build of at least 100m2 gross internal area (GIA) floorspace; or
• If it involves new build of less than 100m2 GIA floorspace and the creation of one or more dwellings.
• This includes development permitted by a ‘general consent’ (including permitted development) commenced on or after 6th April 2013.
What development will not be liable for CIL?
• If it involves only change of use, conversion or subdivision of, or creation of mezzanine floors within a building which has been in lawful use for at least six months in the 12 months prior to the development being permitted and does not create any new build floorspace; or
• If it is for a building into which people do not normally go, or go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery; or
• If it is for a structure which is not a building, such as pylons or wind turbines; or
• If it is permitted by a ‘general consent’ (including permitted development) commenced before 6th April 2013; or
• If it is for social housing and a claim for social housing relief is made and accepted before development commences; or
• If it is for and occupied by a charity for charitable purposes and a claim for charitable relief is made and accepted before development commences; or
• If it is for a use or area which benefits from a zero or nil charge (£0/m2) set out in a CIL Charging Schedule.
When will development be liable for CIL?
• When planning permission is granted through a decision notice (or appeal decision) on or after the date of publication of a CIL Charging Schedule for that area; or
• When development permitted by a ‘general consent’ (e.g. permitted development) commences on or after 6th April 2013.
Mayor of London’s (Mayoral) CIL Charging Schedule
The Mayor of London has published a CIL Charging Schedule for Greater London commencing from 1st April 2012 for which a charge of £50/m2 is levied in Hammersmith and Fulham, although medical/health services and schools/colleges have a zero or nil charge (£0/m2).
Further information on the Mayoral CIL is available from the Greater London Authority (GLA) and Transport for London (TfL) websites.
Hammersmith and Fulham CIL Charging Schedule
The Council is proposing to set a CIL charge in addition to the Mayoral CIL for which the anticipated timescales are set out below:
• Preliminary Draft Charging Schedule consultation (Summer 2012)
• Draft Charging Schedule consultation (Winter 2012)
• Examination (Spring 2013)
• Publication (Summer 2013)
Further information on the Council CIL as it emerges will be available on this webpage in due course.
Who collects and pays CIL? What is the process?
The Council as a ‘collecting authority’ is responsible for the collection of any CIL within its area once respective Charging Schedules are published.
The owners of the relevant land are liable to pay CIL unless someone else (such as the developer) assumes liability.
There are certain important statutory responsibilities for person(s) liable for CIL, and processes which must be followed, which are summarised in the Council’s CIL Collection information document.
Where can I find more detail? What if my query is not answered here?
The Council has produced a CIL Collection information document (revised February 2012) to signpost to the detailed legislation and government guidance, and to answer frequently asked questions (FAQs).
Section 106 agreements (S106s) and tariffs
Following publication of a Council CIL, S106s will continue to be pursued, although their scope will be impacted by Section 122 of the CIL Regulations 2010, and will generally be used for provision of affordable housing and/or site-specific requirements. This will be further defined as the Council CIL Charging Schedule emerges, through publication of a ‘Section 123 list’ of infrastructure schemes.
In the White City and South Fulham Riverside areas, the Council may introduce area-based tariffs through Supplementary Planning Documents (SPDs) under the existing S106 legislation which may be applied in advance of a Council CIL being published, although this approach is subject to change and the SPDs should be referred to in the first instance. In the Earls Court / West Kensington area, a conventional S106 agreement is being pursued rather than an area-based tariff.
Contact details
Rob Krzyszowski
Development Plans Team
Planning Division
London Borough of Hammersmith and Fulham
5th Floor, Town Hall Extension
King Street
Hammersmith
W6 9JU
Tel: 0208 753 3481
Email: cil@lbhf.gov.uk
Web: www.lbhf.gov.uk/cil
Page last updated: 22/03/2012
