When did the CIL come into effect?
Shropshire Council was one of the first Authorities to introduce a CIL Charging Schedule. The Schedule came into effect on the 1 January 2012 and applies to all eligible development approved after this date.
The rates within the schedule were informed by an economic viability assessment and consultation with both the general public and the development industry. The Schedule was also subject to examination by an independent inspector from the Planning Inspectorate.
Is my development liable for CIL?
Within Shropshire, CIL applies to all development that involves:
- The formation of one or more new dwellings, (including holiday lets), either through conversion or new build, regardless of size (unless it is ‘affordable housing’)*; or
- The establishment of new residential floorspace (including extensions and replacements) of 100sqm or above.
*The Council’s definition of “affordable housing” is contained in Appendix G of the Type and Affordability of Housing Supplementary Planning Document (March 2011).
If your development is liable for CIL you must submit CIL Form 0: Determination of CIL Liability alongside your Planning Application. CIL Form 0: Determination of CIL Liability provides the information required to determine the CIL liability for a development.
Failing to submit this form may delay the validation of your Planning Application and determination of your CIL liability. However, validation of your Planning Application without submission of this form does not necessarily mean that your development is not liable for CIL.
Please Note: From the 1 April 2014, Shropshire Council will only accept CIL Form 0: Determination of CIL Liability v5 or later; or the most recent version of the equivalent form on the National Planning Portal website – a link to which is available at the bottom of the page. This is to ensure the Form submitted reflects recent amendments to the National CIL Regulations.
If you submit an older version of the form, Shropshire Council will be required to request completion of the updated form.
CIL Form 0: Determination of CIL Liability and a guide on how to complete this form are available to download below.
Development implemented under General Consent, including Permitted Development
Development permitted under General Consent, including permitted development can also be liable for CIL. If your General Consent is liable for CIL you must submit CIL Form 5: Notice of Chargeable Development prior to commencing your development.
Failure to submit this form prior to commencement of development can delay determination of your CIL liability and will result in a surcharge.
Unsure if your development is liable for CIL?
Please complete the relevant CIL Form (CIL Form 0 or CIL Form 5). The CIL Team will then determine whether the development is or is not liable for CIL.
Who is responsible for payment of CIL?
The landowner(s) of the land upon which the development is to take place is responsible for the payment of the CIL liability, unless another party(ies) assumes liability for the CIL. Liability for CIL can be assumed by either:
- Submitting the Shropshire Council recommended CIL Form 0: Determining CIL Liability, and completing Section 10: Assumption of Liability; or
- Submitting CIL Form 1: Assumption of Liability.
An assumption of liability can be withdrawn until development commences, by submitting: CIL Form 3: Withdrawal of Assumption of Liability.
An assumption of liability can be transferred at any time (including once development has commenced) by submitting: CIL Form 4: Transfer of Assumption of Liability.
How is CIL calculated?
A CIL liability is calculated using the gross internal area of all CIL liable buildings within a development. The gross internal area of a building is the area of a building measured to the internal face of the perimeter walls at floor level (over each floor of the development) - in accordance with the Royal Institute of Chartered Surveyors (RICS) Code of Measuring Practice.
A development is liable for CIL if it involves the formation of a new dwelling of any size or if it involves extensions to an existing dwelling of over 100sqm before making deductions for existing floorspace that is to be converted or demolished.
A calculator is available that can be used to calculate a potential CIL liability. This calculator is for information only. The actual CIL liability is determined by the Shropshire Council CIL team.
When will the CIL liability for a development be determined?
The CIL liability for a development will be determined following approval of the Planning Application.
A CIL Liability Notice will be issued indicating the CIL liability and charge for a development. We will also include a copy of CIL Form 6: Commencement Notice, which you must complete and return to the Council once the intended date of commencement is known. This form must be received by the Council at least the day before the commencement of development or a surcharge will be imposed and immediate payment required.
Are there any guides to CIL?
We've developed a series of guidance notes including:
- Developer Resource Packs (Lite, Standard and Technical); and
- CIL & S106
These can be accessed in the CIL forms and resources section.
Can I appeal the CIL liability decision against my development?
In certain circumstances you can appeal against our decision in relation to your CIL liability. Full details of the various forms of appeals available is available within the Communities and Local Government National Planning Practice Guidance.
If you disagree with the calculation of your CIL liability you may request a review under Section 113 of the CIL regulations. To do this, please submit correspondence marked ‘Request for S113 Review’ stating why you think the liability notice is incorrect.
- It can be emailed to: CIL@Shropshire.gov.uk
- It can be posted to: Shropshire Council, CIL Team, Planning Policy - 5th Floor, Shirehall, Abbey Foregate, Shrewsbury, Shropshire, SY2 6ND
Such a request must be made in writing and received by us within 28 days of the date on which the CIL liability notice was issued. It must also be received and determined prior to the commencement of development, unless the planning permission was retrospective. If this review doesn't resolve the issue to your satisfaction, you're entitled to an independent appeal under Section 114 of the CIL regulations by contacting the Valuation Office Agency (VOA). Such an appeal must be made no later than 60 days from the date which the CIL liability notice was issued, and be received and determined prior to the commencement of development, unless the planning permission was retrospective.
All appeals are subject to eligibility criteria and specific timescales for submission, as specified within the national CIL regulations (as amended). Further information on the types of CIL appeals can be found within the Communities and Local Government National Planning Practice Guidance.