East Hampshire District Council adopted its Community Infrastructure Levy Charging Schedule on 25 February 2016 at a meeting of the Council.
The Charging Schedule came into effect on the 8 April 2016 and applies to the parts of the District outside of the South Downs National Park.
The East Hampshire District Community Infrastructure Levy Charging Schedule Examination commenced on the 2 February 2015 and concluded on 19 October 2015 when the Council received the Inspector’s Report. Further information on the CIL Examination can be found on the CIL Examination page.
Planning applications determined on or after 8th April 2016 may be liable to pay CIL. This includes situations where a resolution to grant planning permission subject to a S106 agreement is made before CIL is implemented but the formal grant of planning permission is made after the implementation date.
The levy will also apply to any appeal decisions allowed after the implementation date.
However, there are certain situations where CIL may not be required:
- if a scheme is granted outline planning permission before the CIL implementation date, the subsequent approval of reserved matters will not trigger a liability for CIL. CIL would only be liable for permissions for new outline applications or detailed full applications.
- the renewal of a planning permission which was approved prior to the CIL implementation date will not trigger a liability for CIL.
- applications made under Section 73 of the Town and Country Planning Act to vary a planning permission that was granted prior to the implementation date where there is no increase in floorspace over the original consent will not trigger a CIL liability.
What is Community Infrastructure Levy?
The Community Infrastructure Levy (CIL) is a levy that local authorities can charge on developments in their area. CIL income can be used to fund additional infrastructure required to support new development including roads, schools, green spaces and community facilities.
The levy is charged in pounds (£) per square metre on new floorspace (measured as gross internal area) of any type of development which has a CIL rate set in the Charging Schedule.
There will be occasions when a development will be liable for CIL as well as there being the requirement for the completion of a planning obligation. Such obligations will relate to site specific requirements that are necessary to make the proposed development acceptable in planning terms while adhering to the provisions of Regulations 122 and 123 of the CIL Regulations.
For example, Planning Obligations will be collected for affordable housing provision which is outside the remit of CIL. Further information on the relationship between Planning Obligations and CIL can be found in the Planning Contributions and CIL SPD.
Development in the South Downs National Park
The South Downs National Park Planning Authority (SDNPA) introduced CIL charging on 1st April 2017.
Please go to the SDNP website for further information on their charging rates and requirements.
In accordance with The Community Infrastructure Levy (Coronavirus) (Amendment) (England) Regulations 2020 we now have the authority to defer payment if a person:
- has an annual turnover not exceeding £45,000,000
- has been served with a demand notice by a collecting authority under regulation 69
- is required to pay an amount of CIL in respect of a chargeable amount (whether by instalment or otherwise) during the material period, and is experiencing financial difficulties for reasons connected to the effects of coronavirus resulting in difficulty paying that amount
- make a requested in writing to the collecting authority to defer payment of that CIL amount
A deferral request must be submitted to the collecting authority:
- no more than 14 days before, or
- on or as soon as practicable after, the day payment of the CIL amount is due.
These regulations will end at midnight on 31 July 2021.
For more information, please see the full guidance on GOV.UK.