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Community Infrastructure Levy ("CIL")

Community Infrastructure Levy ("CIL")

Although CIL was introduced in the Planning Act 2008 the government is still involved in finalising the regulations to implement CIL. However, the regulations are expected to come into force on 6th April 2010 and it is therefore possible that in some areas CIL will start to be levied later this year.

It is important to note that CIL will be triggered by the grant of full planning permission or reserved matters approval (not an outline permission). Therefore even if you have your planning permission it is imperative to note that your reserved matters approval could still render a development liable to CIL. Consideration should therefore be given to applying for reserved matters approval before CIL comes into force.

There is a confusing overlap between CIL and section 106 planning agreements. In some cases it seems that a developer may have to pay section 106 contributions as well as having to paying CIL.

If you are engaged in any development it is worth monitoring whether and when the local authority plans to implement CIL.

We will continue to monitor progress on this important topic, but if in the meantime you require any advice please contact any of the following :-

James.halliday@foremanlaws.co.uk

Adrian.hicks@foremanlaws.co.uk

Cheryll.whittaker@foremanlaws.co.uk

Tom.piper@foremanlaws.co.uk