- Do I need planning permission?
- Managing HMOs – Article 4 Direction
- How to apply
- How applications are considered
- Application forms and fees
- Development enquiry service
- Community Infrastructure Levy
- Planning obligations and community infrastructure levy
- Local validation list
- Contaminated land in the planning process
- Discharging of planning conditions
Planning and Regeneration
Dept. of Development
Plymouth City Council
Plymouth PL1 2AA
Community Infrastructure Levy (CIL)
The Council’s intention to introduce a Community Infrastructure Levy (CIL) was agreed by its Cabinet on 12 July 2011. Further reports on CIL have subsequently been considered at Cabinet meetings in January and June 2012, and April 2013.
The mechanism for securing CIL is to put a Charging Schedule in place, which identifies charges based on the floorspace area of different types of developments. The charges must be set at a level which does not put at serious risk the overall development of the area, and must therefore be informed by evidence on development viability. Charging authorities must also draw on infrastructure planning that underpins the development strategy for their area, and there needs to be evidence of a funding gap in relation to the delivery of infrastructure in order to justify introducing CIL.
The money raised through CIL can be used to support growth by providing funds to help with addressing demands that development places on the city, including funding infrastructure that the city, local communities and neighbourhoods need – for example, new road schemes, park improvements or improvements to local school capacity.
The Council adopted its CIL Charging Schedule on 22 April 2013. The Charging Schedule comes into effect on 1 June 2013, and the charges will apply to planning applications determined on or after this date.
CIL can be paid in instalments in line with the Council’s CIL payment instalments policy which is available to download below.
To take advantage of the Council’s instalments policy, developers must follow appropriate procedures, such as submitting a Commencement Notice at the appropriate time. Further information about the CIL procedure is available on the Community Infrastructure Levy page, along with a ‘Guide for Developers’ produced by the Council, which includes a simplified flowchart showing the CIL payment and collection process.
Regulation 123 list
The Council must specify what it intends to spend CIL receipts on in what is known as a ‘Regulation 123 List’, so named after CIL Regulations regulation 123.
Planning obligations cannot be negotiated in respect of items included on the Regulation 123 List. In other words contributions cannot be sought for items on the list through the Section 106 mechanism.
Five principles will be used to govern the expenditure of CIL receipts as follows:
CIL is used to help meet the infrastructure needs and priorities necessary for the sustainable development of Plymouth, as set out in the city’s planning strategy and associated delivery plans.
Explanation: The NPPF provides for the development of CIL Charging Schedules and associated infrastructure planning as an integral part of the local planning process. A plan-led approach to the use of CIL is anticipated to ensure that it meets the Government’s objectives of facilitating development. Plymouth’s growth related infrastructure needs are identified in the Infrastructure Needs Assessment.
CIL is used to mitigate infrastructure impacts of development which have in the past been mitigated through the Section 106 process.
Explanation: This means that CIL should be used to help fund infrastructure improvements that have traditionally been negotiated as part of the planning application process. This includes for example: schools, transport, sports and leisure facilities, green infrastructure and open space, public realm, libraries, local health facilities, low carbon infrastructure and flood protection infrastructure.
CIL is used to help fund infrastructure improvements where the Section 106 process would be ineffective in meeting these needs.
Explanation: There will be a number of situations where the most effective route to delivering necessary infrastructure improvements will be to continue to utilise the Section 106 process until the pooling restrictions of Regulation 123 have been met. In addition, CIL can be used to deliver improvements in lower value areas of the city where there is unlikely to be sufficient value in development to successfully negotiate Section 106 contributions.
The effectiveness of CIL will be optimised through prioritising its use as a match funding / gap funding source, linked to other infrastructure funding.
Explanation: The benefits of CIL will be enhanced if CIL is not considered as a primary funding source. The infrastructure needs of the city are significantly greater than the funding likely to be realised through CIL or planning obligations or a combination of both.
The effectiveness of CIL will be optimised through prioritising its use on projects which help unlock further growth.
Explanation: The delivery of infrastructure which helps to unlock the potential for growth will create a virtuous cycle. It will result in increases in development values and new development which itself will produce CIL as well as increases in other revenues such as New Homes Bonus and Business Rates.
Charging schedule public examination
The Public Examination of the Council’s CIL Charging Schedule took place on 21 and 22 November 2012. The Examiner’s Report was received on 12 December 2012.