What is the Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL) is a levy which local authorities and the Mayor of London can charge on developments to fund infrastructure needed in the local area.
It largely replaces the system whereby developers negotiate infrastructure payments on a project by project basis.
Mayoral CIL
In London, the Mayor can also introduce a CIL. The Mayor's CIL was introduced on 1 April 2012 and subsequently revised with the adoption of a new charging schedule on 1 April 2019. In Wandsworth the Mayoral CIL is set at £80 per sq m for most types of development.
Copies of the adopted MCIL2 Charging Schedule, Examiner’s Report, and associated documentation can be viewed at the GLA website.
Wandsworth Council CIL
Following independent examination the Council approved its CIL Charging Schedule on 11 July 2012.
The Council's Charging Schedule indicates the charges for different types of development in Nine Elms (two areas), Roehampton and wider Wandsworth (the remainder of the Borough).
The Charging Schedule came into effect on 1 November 2012 and applies to planning decisions made from that date.
Which developments are CIL liable
Small householder developments are generally not liable for CIL. Developments over 100 sq ms or involving the creation of a new dwelling are usually liable.
Update - The Council will have regard to any amendments made via s96a of the Town and Country Planning Act 1990, that is approved on or after 1 January 2024, in the calculation of the CIL chargeable amount for a chargeable development. This may result in an increase or decrease to the chargeable amount, depending on the nature of the amendments being made. The Council will issue revised Liability and Demand Notices as necessary to reflect any changes. This change to its application of the CIL Regulations as they apply to s96a amendments will not apply retrospectively i.e. it will not be applicable to any amendment to a chargeable development that has secured a s96A non material amendment before 31 December 2023.
Applicants are required to provide the Council with the information necessary to determine whether a development proposal is liable as part of their application using the Additional Information Requirement form. If their application is CIL liable they should also ensure that the requirements of the CIL Regulations are followed to avoid having to pay any unnecessary surcharges.
Under the CIL Regulations, in certain circumstances permitted development not requiring a planning permission may also be liable for CIL, this includes permitted development over 100 sq ms and some changes of use. If you are in doubt, please contact us.
CIL policies
In addition to approving the Charging Schedule the Council has agreed:
- A CIL discretionary charitable relief policy
- A CIL discretionary social housing relief policy
- A CIL instalments policy
The Council has an agreed protocol for the withdrawal of a Liability Notice in certain limited circumstances. Specific criteria will have to be met and relevant information, as set out in the protocol, provided.
- Protocol for withdrawal of a CIL Liability Notice pursuant to Regulation 65(7)
- Application for withdrawal of CIL Liability Notice
Completed application forms together with supporting information should be sent to cil@wandsworth.gov.uk, or The CIL Team, Wandsworth Council, The Town Hall, Wandsworth High Street, London SW18 2PU.
Review of CIL Charging Schedule
In October 2016, following a review, the Council’s Executive approved the retention of the Council’s existing CIL Charging Schedule and a further review which is scheduled to take place in 2022. The report recommending retention of the Charging Schedule is available as item 17 on the agenda of the September 2016 meeting of the Community Services Overview and Scrutiny Committee.
Planning Obligations
The Council's Planning Obligations Supplementary Planning Document (SPD) sets out how the Council will implement its planning policies and ensure development proposals provide required affordable housing and fund other improvements to mitigate the impact of development, alongside CIL contributions.