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Shirehall
Abbey Foregate
Shrewsbury
Shropshire
SY2 6ND

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What is the Community Infrastructure Levy (CIL)

What is the CIL?

The Community Infrastructure Levy (CIL) is a charge on new development to help fund supporting infrastructure across Shropshire.

CIL was introduced within the National CIL Regulations, which are available to view at: www.legislation.gov.uk

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.

What development is 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).

Development within a planning application

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. 

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.

Indexation of CIL rates

The National CIL Regulations (2010) specify that CIL rates are subject to annual indexation using the national BCIS All-in Tender Price Index. The indexation for 2017 has resulted in a 19.64% increase of the CIL rates charged by Shropshire Council. This indexation applies to all development approved in 2017. Please note that this 2017 figure may be revised in March 2017 to reflect the most recent Index as published by RICS, as there is currently a delay in these figures.

The National Indexation changes for each calendar year can be found below. These changes are from the original CIL rates set by Shropshire Council in 2012 (i.e. £40 per square metre and £80 per square metre, dependent on location).

Calendar Year

Indexation change from 2012 rates

2013

-0.89%

2014

4.91%

2015

8.93%

2016

14.73%

2017

19.64%

 

Reform to the CIL Regulations

Government announced that the Community Infrastructure Levy (Amendment) Regulations 2014 came into force on Monday 24 February 2014.

A Summary of the Community Infrastructure Levy (Amendment) Regulations 2014, produced by Government provides a summary of these reforms.

CIL Relief

In very limited circumstances, Shropshire Council may allow claims for relief from CIL. These circumstances are:

  • Where development is for charitable purposes
  • Where development is for affordable housing, including an equivalent proportion of communal floorspace; or 
  • For those building their own homes, extending existing ones or building residential annexes.

Any application for relief must be submitted within the appropriate Application Form. These Application Forms are as follows:

  • CIL Form 2: Claiming Exemption or Relief;(charitable, affordable or exceptional circumstances relief);
  • CIL Forms 7 (Part 1 and 2): Claiming Self-Build Exemption (Part 1: Pre-Commencement; and Part 2: Post-Completion);
  • CIL Form 8: Claiming Residential Annexe Exemption; or
  • CIL Form 9: Claiming Residential Extension Exemption

Any application for relief and/or exception must be determined prior to commencement of development.

If you consider that a combination of CIL and the affordable housing contribution will render your development unviable, you should complete the Shropshire Council viability assessment form for assessing the viability of the affordable housing contribution in the first instance. This can be obtained by emailing cil@shropshire.gov.uk, marked "viability assessment".

The Shropshire Council Notification of CIL Relief and Relief/Exemption Application Forms are available to download below.

Further information on the types of Relief/Exemption from CIL is available on the planning portal.

Useful information

A series of guidance notes have been developed by Shropshire Council. These include:

  • Developer Resource Packs (Lite, Standard and Technical); and
  • CIL & S106

Contact details

The Shropshire Council CIL team can be contacted using the details below.

Disclaimer

Please Note: It is the responsibility of the applicant to ensure that they comply with the National CIL Regulations, including understanding how the CIL regulations apply to a specific development proposal and submitting all relevant information. Shropshire Council can only make an assessment of a CIL liability based on the information provided.

Contact

CIL Team
07990 086034
Planning Policy
Shropshire Council
Shirehall
Abbey Foregate
Shrewsbury
SY2 6ND
Last updated: 27 April 2017 Print this page

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