Presentation for the Property and Trusts Section of the Society of Legal Scholars Annual Conference 2014

1. The
Community Infrastructure Levy
- a planning [law] gain?
Jill Dickinson
Sheffield Hallam University
SLS - September 2014

2. The Community Infrastructure
Levy - a planning [law] gain?
• What is it? How is it charged? Imposing it?
• Tracing its development/Rationale behind
it
• Just one piece of the overall jigsaw...
• Stakeholder perceptions:
– "is it faster, fairer and more transparent than
the previous system"?
• The future?

3. What is the Community
Infrastructure Levy?
• Optional levy by local authority (LA)
• "CIL Watch: Who's charging what?"
• Charged on new buildings/extensions
• To help pay for supporting infrastructure
that the council, local community and
neighbourhoods want
• Usually cash but could also include
payment in kind, eg. land or infrastructure

4. Process for imposing
a CIL charging schedule
Evidence of
economic
viability
Draft
charging
schedule
Public
consultation
Independent
examination
Full council
resolution
Average 23 months (Savills, 'CIL The Countdown to April 2015, July 2014)

5. How is CIL charged?
• Chargeable in respect of buildings
• Can charge different rates within the area for
different:
– zones;
– proposed uses; and/or
– scales of development
• Could be payable even if planning permission
not required
• Exemptions
• When does it become payable?
• Who is responsible?
• Potential criminal offence

6. Tracing its development following
the Planning Act 2008...
CIL
Regs
2010
CIL
(Amendt
Regs)
2011
CIL
(Amendt
Regs
2012)
CIL
(Amendt
Regs
2013)
CIL
(Amendt
Regs
2014)
The backdrop

7. CIL - just one piece of
the overall jigsaw...
• Planning Permission Conditions
• National Planning Policy Framework/the
Development Plan
• s.106 Agreements
• s.278 Highway Agreements

8. Stakeholder perceptions:
"is the new system faster, fairer and
more transparent?
• Double-dipping
• Variety of rates
• Shortfall?
• BPF: Increased cost -v- greater simplicity,
certainty, predictability and transparency
• Shorter negotiation -v- increased
bureaucracy (Hewitson and Purvis)
• Increased take-up

9. The future?
• Recent "seismic shifts in planning" tip
balance in developers' favour
Elle Cass 6 June 2014
• Notional or truly voluntary system?
• Impact on s.106 agreements
• 6 April 2015
• Forthcoming General Election

10. Jill Dickinson
Department of Law and Criminology
Sheffield Hallam University
jill.dickinson@shu.ac.uk
@Jill_Dickinson1
http://uk.linkedin.com/in/jilldickinson1
http://shu.academia.edu/JillDickinson