Community Infrastructure Levy

The Community Infrastructure Levy (CIL) is a charge on development to help fund infrastructure such as transport schemes and schools which is required to help support and accommodate new growth from development

This is set out in the Council's Regulation 123 list (PDF 39KB)

 

With the adoption of the new Local Plan (2015-2030) in 2018, the council is undertaking a review of its Community Infrastructure Levy (CIL) which sets out the requirements for the charging of CIL in the London Borough of Redbridge. The increased rates from development will be essential to help fund infrastructure needed to support the ambitious growth, as set out in the plan, and mitigate adverse impacts of future development.

The Community Infrastructure Levy (CIL) was introduced in 2012 and is a charge on development to help fund infrastructure such as transport schemes and schools which is required to help support and accommodate new growth from development. Further information regarding its operation is published on our website.

The Council has prepared economic evidence to support the revised CIL charging schedule. The evidence recommended an increase in the charging levy across the borough, with differential rates and charging areas, as per the regulations. The new charging areas are set out in the Preliminary Draft Charging Schedule (PDCS).

 This timeline shows the current progress of the CIL Review:

  • Cabinet & Council to approve final Draft Charging Schedule – September 2019
  • Final Draft Charging Schedule Consultation – September/October 2019
  • Submission for Examination – December 2019
  • Examination by Secretary of State (depending on PINS) – Autumn 2019
  • Adoption and implementation – Spring 2020

 

Please see below the PDCS and the supporting documents:

Preliminary Draft Charging Schedule (PDF 953 KB)

Draft CIL Economic Viability Review (PDF 2.8 MB)

CIL Regulation 123 List (PDF 40 KB)

 

Redbridge has a Community Infrastructure Levy (CIL), which charges developers on most types of new buildings in the Borough. Most of this money is spent on borough priorities such as helping to pay for schools, leisure centres, health care facilities, transport and projects to improve public areas.
 
Each year, the Council allocates 15 per cent of CIL money for local projects. Through this consultation, the Council is asking residents and organisations to submit ideas and suggestions for local infrastructure improvements.

Applications are now closed and the Council is assessing the projects suggested. A final decision will be made on projects in early Spring 2019.

 

The Redbridge Charge

The Redbridge charging schedule applies CIL at a flat rate of £70/m2 across the whole Borough. The same rate applies to all types of development. It is calculated on the net increase in gross internal floor area after allowing a credit for any existing floor space which is to be demolished. The charge is updated annually for inflation.

The current indexation means the charge is approximately £98.88/m2 for planning applications decided in 2019.

 

The Mayoral CIL

The Mayor of London operates a Mayoral CIL  to help fund Crossrail.

For planning applications where the decision notice was issued on or before 31 March 2019, the charge for developments in Redbridge is £35/m2 plus an update for inflation (meaning planning applications granted in 2018/19 were charged approximately £49/m2).

The legislation for Mayoral CIL means that it expired at the end of the 2018/19 financial year, and has been replaced by Mayoral CIL 2 (MCIL2). This will contribute towards the funding of Crossrail 2.

Crossrail 2 is a proposed new railway serving London and the wider South East. It connects the National Rail networks in Surrey and Hertfordshire via a new tunnel and stations between Wimbledon, Tottenham Hale and New Southgate, linking in with London Underground, London Overground, Crossrail 1, and national and international rail services.

From 1 April 2019, the charge for developments in Redbridge is £60/m2 with the inflationary index "reset" at that point.

Any Mayoral CIL will be added to the local Redbridge charge and developers will pay one consolidated amount.

  

What is CIL liable?

Developments that create new-build floor space with a gross internal floor space (GIA) of 100 square metres or more would be liable to pay both the Mayor’s and Redbridge’s CIL. A development involving the creation of a dwelling and new-build floor space of any size would also be liable to pay both CILs. 

Planning permissions for this type of development, including those subject to planning appeals, or enforcement appeals and permitted development, could potentially be liable to pay CIL. Developments granted permission through a general permitted development order may also be liable to pay CIL.

 

Calculating CIL

The CIL Regulations 2010 (as amended) contains the formulas used to calculate the applicable CIL charges for each development that is deemed to be liable.

Where applicable, the CIL charge for liable developments will be calculated at the time planning permission is granted. In rare cases, permitted development (that is a development which does not require planning permission) may be of sufficient scale to be liable to CIL. It is then the responsibility of the developer to serve a Notice of Chargeable Development on the Council before the development is started. The CIL charge is then calculated and applied by us (Redbridge Council) just as though planning permission had been issued.

Notice of Chargeable Development form

 

What to submit

Developers must provide sufficient information to allow us to determine whether the development is liable to pay CIL and to calculate the charges accurately from the floor areas provided. 

  • the CIL additional information form gives details about existing and proposed floorspace values and the lawful use test and must be submitted with a planning application
  • the assumption of CIL liability form names the party that will be liable to pay the CIL charges and should be submitted with the planning application -  the assumption of liability can be transferred to another party or withdrawn at a later date and so should not be withheld where land ownership is likely to change (this cannot be accepted if works have commenced)
  • if an assumption of liability has been previously completed and the site is sold or someone else wishes to assume to pay the liability, a transfer of assumed liability should be completed and returned (this cannot be accepted if works have commenced)
  • certain development types can apply for relief from the payment of CIL. For more information have a look at the development types that are eligible for relief. All reliefs must be applied to the council and any decision by them on eligibility for relief must be received before the commencement of a development. Applications should, therefore, be made as early as possible once you have planning permission/consent.  

All CIL forms are available from the planning portal.

 

Exemptions/Relief from the Charge

The Community Infrastructure Levy regulations make a number of provisions for authorities to give relief from the levy. Some types of relief are compulsory; others are offered at the charging authority’s discretion. ‘Community Infrastructure Levy relief’ means any exemption or reduction in liability to pay the levy.

  • mandatory charitable relief
  • discretionary charitable relief
  • mandatory social housing relief
  • discretionary social housing relief
  • self-build exemption (for a whole house)
  • self-build exemption (for a residential annexes or extension)
  • Exceptional Circumstances Relief

A collecting authority must satisfy itself that by granting relief or an exemption it is not breaching state aid rules. More information about relief and exemptions and copies of the forms are available on the planning portal website

Exceptional Circumstances Relief

Redbridge permits applicants to apply for Exceptional Circumstances Relief in accordance with its written policy (PDF 90KB).  

 

Making payment 

The trigger for payment is when work begins, although depending on the amount of the charge, payments may be phased according to our Instalments Policy.

LBR CIL instalments policy (PDF 44 KB)

The person who has assumed liability to pay the CIL must submit a commencement notice confirming the start date to us before the work commences.

We will then send a demand notice detailing how to pay and the timeframes in which to make the payments. 

Monitoring, collection and enforcement of CIL

The CIL payment process is set out in legislation and must be followed. Financial penalties may be applied for failure to do so.  

There are strong enforcement powers and penalties for failure to pay, including stop notices, surcharges, late payment interest and prison terms.

 

CIL appeals

If a development is liable for the CIL and works have started, payment is mandatory. Appeals are possible, but only on the following grounds that we (Redbridge Council):

  • incorrectly calculated the amount of CIL. (Before making the appeal the developer must first request an internal review by the Council)
  • incorrectly apportioned liability between landowners
  • incorrectly determined Charitable Relief
  • incorrectly determined residential annexes/self-build housing exemption
  • incorrectly applied surcharges
  • deemed the development to have commenced when it did not
  • incorrectly issued a Stop Notice for non-payment

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