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Community Infrastructure Levy and section 106

Community Infrastructure Levy and section 106

Overview

Community Infrastructure Levy (CIL)

This is a charge based on the floor space of new development. It helps fund infrastructure needed to support development in an area.

We are also a collecting authority for the Mayor of London's CIL known as ‘Mayoral CIL 1’ and 'Mayoral CIL 2'.

Section 106 agreements

In most cases, if you are undertaking a large development in Brent you will still be required to enter into a legal agreement under S106 of the Town and Country Planning Act 1990 (as amended), also known as a Planning Obligation. This is to meet other obligations to make the development acceptable in planning terms, such as affordable housing and sustainability standards.

Under the Community Infrastructure Levy (CIL) Regulations (2010 as amended), a Planning Obligation can only be considered as a reason for granting planning permission if it is:

  • necessary to make a development acceptable in planning terms
  • directly related to the development
  • reasonably related to a development in terms of scale and type

Our guidance on Planning Obligations is available in the S106 Planning Obligations Supplementary Planning Document.

CIL Charging Schedules

Brent CIL

The Brent CIL Charging Schedule came into effect on 1 July 2013 and differentiates between different types of use, such as residential or retail uses.

On 1 September 2020, the use class schedule regulation was updated. To ensure that CIL Charging Schedules continue to operate and have proper effect, The Town and Country Planning (Use Classes) (Amendment) (England) (No.2) Regulations 2020 inserted the new regulation 4A into the Amendment Regulations, which applies to charging schedules approved and published by charging authorities before 1st September 2020.

The regulation states that any references to the use classes that were specified in the Use Classes Order prior to 1 September 2020 are to be read as if they were references to the descriptions of the uses which comprised those use classes before that date.

For example, where there is a CIL rate for a specific use, such as A1 retail, which became part of the Commercial, Business and Service use class E from 1 September 2020, it should continue to be applied to retail development previously categorised within Use Class A1.

Mayoral CIL

The Mayor of London’s ‘Mayoral CIL 1’ came into effect on 1 April 2012. ‘Mayoral CIL 2’ came into effect from 1 April 2019.

You can find full details of Mayoral CIL charging schedules on the Mayor or London’s website.

Annual CIL Rate Summary

The Annual CIL Rate Summary sets out the Charging Schedule rates ‘indexed’ between the time the charging schedule came into effect and when a planning permission is granted. 

Calculate potential CIL

We have created a CIL calculator to help you estimate any CIL charge payable on a chargeable development.

It is not a final confirmation of liability, and does not constitute legal advice. Formal determination of the CIL liability will be made by Brent Council and a Liability Notice will be issued if your application is approved.

Calculate potential CIL charges

How CIL is spent

The council has an ambitious programme of capital expenditure. CIL is used to fund, in part or full, some of these items, which are linked to our Infrastructure Delivery Plan (IDP)(.pdf, 1.27MB). The IDP sets out the council’s understanding of what infrastructure will be required to meet the levels of growth outlined in the Local Plan.

Infrastructure Funding Statement

The Infrastructure Funding Statement (IFS) is published annually in December and provides delivery information about the most recently completed financial year. Alongside the Infrastructure Delivery Plan (IDP), our Infrastructure Officer Working Group identifies specific funding priorities for Brent CIL which also informs the IFS. 

View the latest IFS (2020-21). This was approved by cabinet on 6 December 2021.

Following the publishing of the IFS, a minor amendment has been made to correct a coding error. Table 9 now shows Harlesden NCIL area as £0 NCIL allocation with the previously shown figure of £97,460.20 moved to the Wembley NCIL area. In addition, in Appendix 2, the wards for the projects ‘Facilitating Alternative Learning in Brent’ and ‘AWRC ReVITALise Project’ have been changed from Harlesden to All wards.

The types of infrastructure/specific infrastructure projects which CIL funds could be found in the Regulation 123 List. The Infrastructure Funding Statement and Infrastructure Delivery Plan have since replaced the Regulation 123 List.

Annual CIL Reports

Prior to the requirement to publish an Annual IFS, the council published Annual CIL reports.

These reports are linked to below, starting from the first financial year in which a Borough CIL was adopted in Brent, 2013-14.

Neighbourhood CIL

We must also spend CIL funds on priorities agreed in consultation with the local community. 

This is known as Neighbourhood CIL (NCIL). To distribute NCIL funding, Brent is divided into five CIL neighbourhoods, with 15% of CIL money generated in each neighbourhood spent on local projects.

The five neighbourhoods are:

  • Harlesden
  • Kilburn
  • Kingsbury
  • Wembley
  • Willesden

Find out how you can apply for an NCIL grant to deliver a community project.

What development is liable for CIL

Development may be liable for CIL if:

  • it involves new build of at least 100m2 of gross internal area (GIA) floor space, except where a dwelling is being created, then new build floor space is chargeable
  • existing floor space has not been ‘in use’ for at least six consecutive months of the last three years. This floor space could then also be chargeable
  • it includes development permitted by a 'general consent' (including permitted development)

Collecting CIL - what you need to do

It is very important to follow the correct CIL procedures.  Challenging CIL at a later stage is complex and difficult.

When submitting your planning application:

  • you must include a CIL Additional Information Requirement Form. This is so we can assess if a development is liable for CIL and confirm your floor space. If this is not completed accurately it could affect your CIL liability
  • you may also provide floor space information on your Planning Statement, Design and Access Statement, Schedule Breakdown, and the floor plans.  This can help speed up the process and provide clarity

We will send you a 'Liability Notice' as soon as possible after planning permission is granted. This confirms the CIL calculation using the floor space information provided at the point of assessment/determination.

You must then:

Once we have received a valid ‘Commencement Notice’ we will send you a ‘Demand Notice’ showing the amount payable in accordance with our CIL Instalments Policy (.pdf, 91.0kB)

If you fail to send the Commencement Notice there are even larger penalties, including loss of any relief/exemption, appeals, immediate payments due and surcharges.

Penalties and enforcement (financial and non-financial) can result in court action and possible imprisonment as per Part 9 of the Regulations.  Further details are included under Paragraph: 060 Reference ID: 25-060-20140612 CIL Planning Practice Guidance. 

Relief and exemptions

Relief and exemptions are possible for types of development which include:

  • 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’

These reliefs and exemptions are not automatic. You must apply for them prior to commencement.

To avoid losing the opportunity for a relief or exemption you should send the forms for determination well in advance of commencement.

For reliefs and exemptions to apply, a decision has to be granted prior to commencement and you must have confirmation from us before starting works.

Find CIL Relief and Exemptions forms.

There is also government guidance available on claiming relief for charities, social housing, self-build and in exceptional circumstances.

Reviews and appeals

CIL is not negotiable. If you think 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:

CIL review
Planning and Regeneration
Brent Civic Centre
Engineers Way
HA9 0FJ

Email: CILadmin@brent.gov.uk

If you are still unhappy with the calculation following this review, you can appeal to the Valuation Office Agency. This must be done within 60 days of the Liability Notice being issued and before you commence the development.