The Community Infrastructure Levy is a planning charge, introduced by the Planning Act 2008 to provide a fair and transparent means for ensuring that development contributes to the cost of the infrastructure it will rely upon, such as schools and roads.
The levy applies to most new buildings and charges are based on the size and type of new floorspace.
CIL in Brent - an overview
Brent Community Infrastructure Levy (CIL) was formally introduced from 1 July 2013.
We are also a collecting authority for the Mayor of London's CIL which was introduced from 1 April 2012.
CIL is non-negotiable and therefore brings more certainty and transparency to the development process than the system of planning obligations which could cause delay as a result of lengthy negotiations; however, your development may still require a legal agreement to control other aspects of the development like sustainability or affordable housing. View more information on this.
The Government has decided that this tariff-based approach provides the best framework to fund new infrastructure to unlock development.
We are required to publish an annual report on this website, which will set out CIL receipts and expenditure for the past financial year.
If you are undertaking a large development in Brent then you will, in most cases, still be required to enter into a legal agreement under S106 of the Town and Country Planning Act 1990 (as amended) to secure other obligations such as affordable housing and sustainability standards.
A revised S106 Planning Obligations Supplementary Planning Document has been published and this should be read in conjunction with this information.
There may be some situations where you will also be required to make a financial contribution to make the development acceptable in planning terms and these would be negotiated on a case-by-case basis, but in most cases this will not be necessary.
We will not ask you to pay for something through a S106 agreement that you will also be paying for through CIL.
Amendments to CIL Regulations 2014 (Update form February 2014)
The latest amendments to the CIL Regulations came into force on 24 February 2014.
The Government has issued further amendments to the CIL Regulations (.pdf) and has updated their statutory guidance notes. Revised forms have also been issued to address these changes. Read more about CIL on the Planning Portal site.
These amendments are most relevant for developers of large schemes but there are two key changes which local residents should note.
1. For householders, relief can now be claimed for residential annexes or extensions if it is your sole or main residence. There is no change to the fact residential extensions under 100sqm are not CIL liable.
2. Relief can also be claimed for self-build housing.
Both these provisions are subject to a three-year clawback period. View further details about how you can claim relief and the steps you must take.
Other important changes
1. When the liable amount is calculated: this is at the time planning permission is granted except for outline development. For permissions issued after 24 February 2014, therefore, the vacancy test will be assessed at the point that planning permission is granted.
2. Payment-in-kind: The option for Brent to accept payments-in-kind through the provision of infrastructure either on-site or off-site for the whole or part of the levy payable on a development.
3. The vacancy test: this has been extended so that a building must have been in lawful use for a six month period in the previous three years. In addition, even if a retained building does not meet the vacancy test, credit can be given to the floorspace of that part which can be brought back into use lawfully without further planning permission.
Other changes relate to phased planning permissions, social housing relief, the use of Highways agreements and appeals.
The Brent CIL Charging Schedule was implemented on 1 July 2013.
Brent CIL differentiates between different types of use, such as residential or retail uses.
The Mayor of London's Charging Schedule also applies to development in Brent.
What will I need to do?
The introduction of the levy means that you will need to provide more information so we can work out whether you will have to pay the levy and if so, how much you will have to pay.
All planning applications must now be accompanied by the CIL Additional Information Requirement Form (.pdf). This will enable us to assess if a development is liable to pay the CIL and to calculate the amount.
We will send you a 'Liability Notice' as soon as possible after planning permission is granted; this will show how much you have to pay.
The applicant is not always the person responsible for paying CIL. As soon as you know who will be paying CIL you should complete an Assumption of Liability Form (.pdf) and send it to us.
You can send this to us before permission is granted if you know who will be paying CIL.
You must send us a Commencement Notice (.pdf) before you start works.
Once we have received a valid 'Commencement Notice' we will send you a Demand Notice showing when payment is due.
It is important that you follow these steps; if you do not then you may lose the right to benefit from the instalment policy or to claim any relief.
Failure to follow these steps can also result in enforcement action, which can include you having to pay additional surcharges and can ultimately lead to risk of imprisonment.
Further information on the collection and enforcement steps can be found in the updated DCLG CIL Guidance.
What development will be liable for CIL?
Development may be liable for CIL in the following situations
- If it involves new build of at least 100m2 gross internal area (GIA) floorspace.
- If it involves the creation of one or more dwellings, even if the GIA floorspace is less than 100m2.
- If it involves a change of use to residential within a building which has not been in lawful use for at least six months in the three years prior to the development being permitted.
- This includes development permitted by a 'general consent' (including permitted development) commenced on or after 6 April 2013.
The Valuation Office Agency has examples of the calculation of the chargeable amount.
What development will not be liable for CIL?
Some works are not considered "development" according to the CIL Regulations (as amended) and some "minor development" is exempt from CIL. Other development will be considered liable to pay CIL unless the appropriate claims for exemption or relief are approved.
Development may not be liable for CIL in the following situations
The following works are not considered development for the purposes of CIL. No Liability Notice will be issued for:
- a structure which is not a building, such as pylons or wind turbines
- a building into which people do not normally go, or go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery
- the change of use of any building previously used as a single dwelling house to use as two or more separate dwelling houses.
The following works are considered minor development and so exempt from CIL. No Liability Notice will be issued for:
- new build of less than 100sqm, except where the development comprises one or more dwellings
- if the work involves only change of use, conversion or subdivision of a building for non-residential purposes and does not create any new build floorspace
- if planning permission for the work to an existing building is only required because of section 55(2A) of the Town and Country Planning Act 1990 (as amended)
- if it is for a use or area which benefits from a zero or nil charge (£0/m2) set out in a CIL Charging Schedule.
The following development will be liable unless a claim for exemption is made and accepted before development commences. A Liability Notice will be issued when a planning permission is issued for:
- social housing
- development for and occupied by a charity for charitable purposes
- residential development for and occupied by a self-builder
- extensions or annexes to dwelling houses for and occupied by the applicant as their sole or main residence
- development which is eligible for "Exceptional Circumstances Relief".
We have adopted an Instalments Policy which will allow developers who must pay large sums to pay in up to three instalments.
This supersedes any policy issued by the Mayor of London.
Relief from CIL
The CIL Regulations make a number of provisions, some compulsory, others optional, for Brent to give relief from the levy. 'Community Infrastructure Levy relief' means any exemption or reduction in liability to pay the levy.
The Government has published guidance on claiming relief for charities, social housing, self-build and in exceptional circumstances within the updated CIL Statutory Guidance.
In all cases you must have received a decision on your claim for relief before you commence your development or your claim will lapse.
We have made Exceptional Circumstances Relief available for Brent CIL only as set out below.
There is no Exceptional Circumstances Relief available for the Mayor of London's CIL.
There is no Discretionary Social Housing Relief available in Brent.
We have made Discretionary Infrastructure Payments available for Brent CIL only as set out below:
Reviews and appeals
CIL is not negotiable; if you think that we have made a miscalculation there is a process of review and appeal. You must submit a request for a review in writing, within 28 days of the Liability Notice being issued and before you commence the development, to:
Planning and Regeneration
Brent Civic Centre
If you are still unhappy with the calculation following this review, you can appeal to Valuation Office Agency. This must be done within 60 days of the Liability Notice being issued and before you commence the development.
We are required to spend the levy's funds on the infrastructure needed to support the development of Brent. This is known as ‘Strategic CIL’.
View the list of strategic infrastructure the CIL will be spent on, in accordance with Regulation 123 of the CIL Regulations 2010.
We must also spend CIL funds on priorities that are agreed in consultation with the local community. This is known as ‘Neighbourhood CIL’. To help manage Neighbourhood CIL priorities and spend, Brent has been divided into five ‘CIL Neighbourhoods’; Harlesden, Kilburn, Kingsbury, Wembley, and Willesden. 15 percent of CIL receipts generated in each CIL Neighbourhood will be spent on Neighbourhood projects.
See the Current CIL Neighbourhood Boundaries
Which CIL Neighbourhood am I in?
To find out which CIL Neighbourhood you're in, feel free to use the search box below:
In areas that contain a Neighbourhood Forum with an adopted 'Neighbourhood Development Plan', we will spend 25 per cent of CIL receipts collected in each Neighbourhood Forum Area on Neighbourhood projects. Read more about Neighbourhood Planning.
How are CIL Neighbourhood priorities decided?
Priorities for each CIL Neighbourhood are set for three years, following consultation with ward members, residents, businesses and other stakeholders. Priorities for each Neighbourhood Forum will be agreed and set for the duration of their Neighbourhood Development Plan.
How do I submit Neighbourhood project ideas?
Once Neighbourhood Priorities are agreed, community organisations, residents and businesses and other stakeholders will be invited to submit proposals for neighbourhood improvement projects that align to these priorities. These projects may be delivered by community organisations, council officers or other third party organisations.
A scheme will not be funded unless it meets all essential criteria. The shortlisting criteria for projects are as follows:
- Meets the terms of the CIL Regulations (2010) as amended
- Has community backing
- Supports, and where possible mitigates the impact of, the development of the area
- Reflects the priorities of the Council & CIL Neighbourhood
- A one-off scheme that does not require additional revenue funding in its delivery or its operation ( or identifies how additional revenue funding may be met)
- Benefits the broadest section of the community
- Offers value for money
Neighbourhood CIL project proposals may be submitted two times a year. The 2018/19 deadlines for submission are:
- 30 June 2018 (11.59pm)
- 1 December 2018 (11.59pm)
The Head of Planning and Lead Member for Regeneration, Highway and Planning, will rank all project proposals received for each CIL Neighbourhood by the submission deadline, according to how well they meet the shortlisting criteria, and a shortlist of projects to fund will be agreed. Projects that are not shortlisted will also receive notification and may request feedback on their proposals.
Where can I get help to develop my project ideas?
1. Read the guidance contained in these web pages along with the Brent Neighbourhood CIL allocation process note and Brent Council’s standard terms and conditions of funding.
2. Save the Neighbourhood CIL application form (PDF) to your computer and open it with the latest version of Adobe Reader. Do not use preview or any other application. If you do not have Adobe Reader, please visit the Adobe Reader website and click on ‘Download Adobe Reader’. This is free to install and use.
3. Email the completed application form to us by the submission deadline
4. Please contact us if you require further support to develop a project proposal
5. You can also attend training workshops on Neighbourhood Community Infrastructure Levy (CIL) ran by Brent CVS. These free workshops are held at CVS Training Suite, 7 Rutherford Way, Wembley, HA9 0BP. To register for the next training workshops, please click on the dates below.
What Neighbourhood projects have received funding?