Community Infrastructure Levy

The Community Infrastructure Levy (CIL) is a charge levied on the net increase in floorspace arising from development in order to fund infrastructure that is needed to support development in the area.

CIL runs alongside Section 106 Agreements (S106s) which will continue to operate.

Borough CIL

The Borough CIL Charging Schedule was approved by Full Council on 21 January 2015 to come into effect on 6 April 2015.

Borough CIL Charging Schedule

The report* to the Full Council (in particular paragraph 4.4) sets out how the Charging Schedule as approved remedies the non-compliance specified under section 212A(4)(a) of the Planning Act 2008 (as amended) for the purposes of Section 213(3B) of the same Act and Regulation 25 of the CIL Regulations 2010 (as amended).

*Reference copies have been made available for inspection at the following locations:

The Customer Service Centre, Kensington Town Hall, Hornton Street, W8 7NX (Monday to Friday, 08.30 to 17.00)

Libraries (Opening Hours):

-         Kensington Central Library, Phillimore Walk, W8 7RX

-         Chelsea Library, Chelsea Old Town Hall, King's Road, SW3 5EZ

-         North Kensington Library, 108 Ladbroke Grove, W11 1PZ

-         Brompton Library, 210 Old Brompton Road, SW5 0BS

-         Notting Hill Gate Library, 1 Pembridge Square, W2 4EW

-         Kensal Library, 20 Golborne Road, W10 5PF

Examination Documents

The Borough CIL Draft Charging Schedule (DCS) was submitted for examination to the Planning Inspectorate on 31 March, following which, public examination hearings were held on 9 June and 14 October 2014.

The examiner’s report (including recommendations and reasons) was received by the Council on Monday 22 December 2014. The report concluded that, subject to two modifications, the DCS satisfied the drafting requirements and is in general accordance with national guidance. The independent examiner appointed to conduct the examination was Philip Staddon BSc, Dip, MBA, MRTPI.

All of the examination documents are set out below.

Document Number Document Title
- Examiner's Report - 22 December 2014
RBKC/4 Joint Statement by RBKC and Ballymore - 31 October 2014
REP/23 Correspondence from Ballymore - 8 October 2014
REP/3/001 GLA Response to Examiner's Main Issues and Questions - 7 October 2014
REP/4/001 London First Response to Examiner's Main Issues and Questions - 7 October 2014
REP/1/001 Gerald Eve Response to Examiner's Main Issues and Questions -  7 October 2014
RBKC/3 Response to Examiner's Main Issues and Questions - 22 September 2014
- Notice of Additional Hearing - 18 August 2014
ED- 9

Examiner's Note and Identification of Main Issues and Questions - 11 August 2014

[PDF] (file size 234Kb)

ED- 8

Response from RBKC to Examiner - 1 August 2014

[PDF] (file size 23.21Kb)

ED- 7

Letter from Examiner to RBKC - 29 July 2014

[PDF] (file size 122.77Kb)

ED- 6

Response from RBKC to Examiner - 21 July 2014

[PDF] (file size 113.21Kb)

ED- 5

Letter from Examiner to RBKC - 7 July 2014

[PDF] (file size 77.81Kb)

ED- 4

Response from RBKC to Examiner - 2 July 2014

[PDF] (file size 223.73Kb)

ED- 3

Letter from Examiner to RBKC - 27 June 2014

[PDF] (file size 111.08 Kb)

RBKC/2

Response to Examiner -RBKC/2 - 15 June 2014

[PDF] (file size 240Kb)

RBKC/1

Response to Examiner - RBKC/1 - 16 June 2014

[PDF] (file size 90Kb)

-

Letter from RBKC re Build Cost Information - 29 May 2014

[PDF] (file size 97Kb)

ED- 2

Hearing Agenda - 14 May 2014

[PDF] (file size 91Kb)

ED -1

Examiner's Note - 14 May 2014

[PDF] (file size 95Kb)

-

Notice of Examination Letter - 29 April 2014

[PDF] (file size 88Kb)

 

Draft Charging Schedule March 2014 [PDF] (file size 1.47Mb)

Consulation Statement [PDF] (file size 721.02Kb)

Consultation Statement Appendix 3 [PDF] (file size 2.43Mb) Please note this file size has been reduced. If you require a high quality copy of this document please contact us using the details at the bottom of this webpage.

Submission Commentary [PDF] (file size 977.84Kb)

Viability Report January 2014 [PDF] (file size 481.83Kb)

Viability Report October 2012 [PDF] (file size 1.77Mb)

Infastructure Delivery Plan March 2014 [PDF] (file size 1.56Mb)

The Core Strategy

Equality Impact Assessment DCS [PDF] (file size 207.33Kb)

 

Mayor of London's 'Mayoral' CIL

The Mayor of London is currently charging CIL across the whole of Greater London to help fund Crossrail with the rates in the Royal Borough of Kensington and Chelsea set at:

Use

Rate

Development used wholly or mainly for the provision of any medical or health services except the use of premises attached to the residence of the consultant or practitioner

Nil

Development used wholly or mainly for the provision of education as a school or college under the Education Acts or as an institution of higher education

Nil

All other uses (Royal Borough of Kensington and Chelsea)

£50/m2

Further information on the Mayor of London’s CIL is available from the Greater London Authority (GLA)'s webpage:

 

Paying CIL

What pays CIL?

CIL may be payable on development which creates net additional floorspace, where the Gross Internal Area (GIA) of new build exceeds 100m2. That limit does not apply to new dwellings, and the charge can be levied on a single house or flat of any size, unless it is built by a ‘self-builder’.

What does not pay CIL?

  • Development of less than 100m2 – unless this is a whole dwelling, in which case, the levy is payable;
  • Houses, flats, residential annexes and residential extensions which are built by ‘self-builders’;
  • Social housing that meets the relief criteria;
  • Charitable development that meets the relief criteria;
  • Buildings into which people do not normally go;
  • Buildings into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery;
  • Structures which are not buildings, such as pylons and wind turbines;
  • Specified types of development which local authorities have decided should be a ‘zero’ rate and specified as such in their charging schedules; and
  • Vacant buildings brought back into the same use.

Where the CIL liability is calculated to be less than £50, the chargeable amount is deemed to be zero so no CIL is due.

Mezzanine floors of less than 200m2, inserted into an existing building, are not liable for the CIL unless they form part of a wider planning permission that seeks to provide other works as well.

Who pays CIL?

Landowners are ultimately liable to pay CIL, but anyone involved in a development may take on the liability to pay.

How does CIL relate to planning permission?

CIL is charged on new development. Normally this requires planning permission from the Council, the Planning Inspectorate or the Secretary of State on appeal. CIL may also be payable on permitted development.

Further information on CIL liability, payments and forms

There are certain important statutory responsabilities for person(s) liable for CIL. Further information is available from:

Planning Portal:

If the Council has sent you a CIL Demand Notice and an Invoice, you can make your payment by visiting the Accounts Receivable webpages and using the 8-digit Invoice Number which should have been issued to you.

Contact details:
Planning Policy
Planning & Borough Development
Town Hall, Hornton Street, W8 7NX
Tel 020 7361 3012
Email: CIL@rbkc.gov.uk

Page updated on 22 January 2015

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