Community Infrastructure Levy and S106 agreements

The Community Infrastructure Levy (CIL) is a planning charge which local authorities can levy on developers to contribute to the infrastructure costs associated with a development referred to above. CIL will be charged on all new floor space granted planning permission once the development is started, unless an exception applies. Exceptions apply for residential extensions, self-builders, minor developments and in other limited circumstances.

For a development to be considered liable for CIL, it must involve the building of one or more dwellings and cover at least 100m2. CIL does not apply the conversion, extension or change of use of an existing building. Equally, it doesn’t affect structures which are not normally entered by the public (e.g. wind turbines and pylons) or are permitted by ‘general consent’.

Planning obligations, sometimes referred to as s106 agreements, are legally binding agreements between a developer and the relevant local authority. They deal with new developments are intended address the impact on the local infrastructure. Included in these considerations are issues such as affordable housing, transport and education.

The specific terms of an s106 agreement will be determined during the consultation period related to the planning application for the development in question. However, whilst s106 agreements continue to apply to some developments, their use has been restricted by recent reforms.