Community Infrastructure Levy (CIL) in RBKC
From 1 April the Mayor of London will levy a charge on
development across London. The rate for the Royal Borough is
£50/m2, and the Royal Borough will be responsible for collecting
the money on behalf of the Mayor.
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.
The table below outlines the types of
development that will be 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).
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 can be
downloaded here and guidance can be downloaded here:
| 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.
|
The Mayor of London’s CIL
The Mayor of London is introducing a CIL for Greater London for
which a charge of £50/m2 will be levied in the Royal
Borough from 1 April, although medical/health services and
schools/colleges are proposed to have a zero or nil charge
(£0/m2).
The Mayor of London is proposing a CIL for Greater London for
which a charge of £50/m2 will be levied in the Royal Borough,
although medical/health services and schools/colleges are proposed
to have a zero or nil charge (£0/m2). The timescales for the
Mayoral CIL are set out below:
- Preliminary Draft Charging Schedule consultation (January
– March 2011)
- Draft Charging Schedule consultation (June – July
2011)
- Examination (November – December 2011)
- Publication (anticipated 1 April 2012)
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.
Community Infrastructure Levy in RBKC
In January 2012 Cabinet members agreed to become a CIL Charging
Authority, and to undertake the necessary work to enable this. It
is likely that the Council will become a CIL Charging Authority in
2013. The details are set out in the report “Becoming
a CIL Charging Authority”.
The Council as a ‘collecting authority’ is responsible for the
collection of any CIL within its area, including the Mayoral CIL,
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.
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 27 March 2012