Community Infrastructure Levy (CIL) in RBKC

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.

In January 2013 Cabinet members agreed to become a CIL Charging Authority, and to undertake the necessary work to enable this. The details are set out in two cabinet reports:

“Becoming a CIL Charging Authority” (January 2012), and

“CIL PDCS for Consultation” (January 2013).

Community Infrastructure Levy Consultation 23 January to 20 February 2013

Consultation on the Council’s CIL will run for four weeks (23 January to 20 February).  This consultation is on the Council’s Preliminary Draft Charging Schedule (PDCS).  A second round of consultation on the amended document will take place in the summer. We have taken particular care to make this document ‘plain English’ and welcome feedback through the consultation period.  The consultation can be accessed from our consultation portal.

The Council as a ‘collecting authority’ is responsible for the collection of any CIL within its area, including the Mayoral CIL (see below). 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.

The table below outlines the types of development that are liable for CIL. Further detailed guidance is available within this guide to CIL in RBKC or by contacting the Planning & Borough Development department (details below).

 What development will be liable for CIL?  What development will not be liable for CIL?
Development will potentially be liable for CIL if it:
  • Is for a building into which people normally go; and
  • Involves new build of at least 100m2 gross internal area (GIA) floorspace; or
  • 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.
  Development will potentially 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
  • 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
  • Is for a structure which is not a building, such as pylons or wind turbines; or
  • Is permitted by a ‘general consent’ (including permitted development) commenced before 6th April 2013; or
  • Is for social housing and a claim for social housing relief is made and accepted before development commences; or
  • Is for and occupied by a charity for charitable purposes and a claim for charitable relief is made and accepted before development commences; or
  • Is for a use or area which benefits from a zero or nil charge (£0/m2) set out in a CIL Charging Schedule.

 

A useful guide to the Community Infrastructure Levy including the necessary forms and guidance can be found on the Planning Portal.  Additional information to accompany your planning application may be necessary. Failure to submit this information may result in delays to processing your application.  The additional information form and guidance can be downloaded below:

 

The Mayor of London’s CIL

The Mayor of London a CIL for Greater London applies a charge of £50/m2 in the Royal Borough from 1 April 2012, although medical/health services and schools/colleges are proposed to have a zero or nil charge (£0/m2).

Further information on the Mayoral CIL is available from the Mayor’s CIL website. An information leaflet has been prepared by the Mayor of London.

Further Information

Information on the Mayoral CIL charge can be obtained from the TfL website or from the Mayor of London’s CIL website

The Royal Borough’s guide to CIL, including Frequently Asked Questions provides useful information.

The legislation and regulations are supplemented by some useful sources available from the Department for Communities & Local Government:

Both the Planning Portal and the Planning Advisory Service (PAS) have produced some useful documents including the required forms which can be accessed from the following links:

Contact Details:

Planning Policy

Planning & Borough Development

Town Hall, Hornton Street, W8 7NX

Tel 020 7361 2732

Email: CIL@rbkc.gov.uk

Page updated on 22 January 2013