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Community Infrastructure Levy in Purbeck

The Community Infrastructure Levy was introduced by the Planning Act 2008. It enable local authorities to deliver infrastructure in support of development in their area through the adoption of a charging schedule.

Purbeck District Council adopted it's charging schedule on 24 March 2014 and implemented the Regulations on 5 June 2014. Priorities for funding (Regulation 123 List) are heathland mitigation, the Swanage to Wareham rail link and transport strategy infrastructure projects.

CIL charging rates

The Community Infrastructure Levy (CIL) is charged at a set amount per square metre of additional floor area. The amount varies depending on which of the six sub-market regions the development is located in and the Use Class of the proposed development. These charges are specified in the CIL Charging Schedule and subject to an annual increase on 1 January, using the value published in an index by the Royal Institution of Chartered Surveyors. The Charging Schedule is currently under review alongside the Local Plan Review PLP1, with adoption expected late summer/autumn 2019.

The increase in charges per square metre of floor area for 2019 are published in Charging Schedule index rate uplift 2019.

Development that will be liable to CIL

Most new buildings that people normally use will be liable to CIL and this includes:

  • new, non-residential buildings or extensions that result in 100 square metres or more of net increase in gross internal floor space

  • development that is less than 100 square metres, but which involves the creation of additional dwellings

  • development which involves the conversion of a disused building

  • change of use of buildings that have not been in continuous lawful use for at least six months of the previous three years from the date planning permission is granted

  • residential extensions larger than 100 square metres

Affordable housing and development by registered charities for the delivery of their charitable purposes are exempt from the levy.

Purbeck District Council has produced a Community Infrastructure Levy Guide for Developers & Applicants. It provides local guidance on how CIL will be administered in the Purbeck district and which forms of development are liable.

Application validation requirements

You must submit the CIL may be Liable Additional Information form at registration for all applications that involve the Use Classes detailed in the Charging Schedule, including:

  • change of use
  • minor material amendments to existing permissions
  • development that is zero rated

All questions must be answered correctly, especially existing and proposed floor areas in Question 6, when required. Question 7 regarding existing buildings and whether the building has been in lawful use for at least 6 of the last 36 months is very important for determining liability. It is especially important for change of use where credit can apply. Question 6 and 7 are missed if additional floor area is under 100m² or not a new dwelling, which can be unhelpful for determining lawful use.

If you are claiming existing floor area credit - you must include the floor area measurement in the table for Question 6 and submit existing floor plans with application.

The application types listed below do not require a CIL may be Liable Additional Information form at submission, but will be assessed for liability on a case-by-case basis.

  • non-material amendments
  • prior notification applications including larger householder extensions
  • certificate of lawfulness
  • advertisement consent

Minor material and variation of condition applications for existing permissions granted before 5 June 2014 and all outline applications are not subject to CIL.

Householder applications for extensions and annexes that are under 100 square metres are not subject to CIL. Anything over this amount is liable and will require the CIL may be Liable Additional Information form for validation.  There is an exemption available for householder extensions and annexes, which should be applied for at the time of submitting your application documents or before permission is granted.  The exemption must be applied for by using either the Self Build Annex Claim form or Self Build Extension Claim form.  Measurements will be checked and registration will be delayed if the extension is over 100 square metres and no CIL may be Liable Additional Information form has been submitted with the application.

Annexes for independent use are CIL liable and cannot be applied for on a householder application form.

The Planning Portal Community Infrastructure Levy webpage gives a brief overview of the CIL requirements at the time of applying for planning permission and what happens post decision.

CIL and registered applications

Once the application is deemed to be approved, the gross internal floor areas are measured, including all partition walls. This is checked against the Agent's/Applicant's measurements submitted on the CIL may be Liable Additional Information form in line with RICS Code of Measuring Practice - Core definitions: Gross Internal Area. If our measurements are within 2%, we will use the  Agent's/Applicant's values, but outside this tolerance, we will contact the Agent/Applicant to discuss the discrepancy and agree values. In the event that agreement cannot be reached, the Council's value will be used, which is then open to informal and formal challenge (see Liability Notices below) and the CIL liability is calculated.

Floor area excluded from liability include

  • perimeter wall thickness and external projections
  • external open-sided balconies (see below), covered ways and fire escapes
  • canopies
  • voids over or under structural, raked or stepped floors
  • greenhouses, garden stores, fuel stores, sheds and the like in residential property

Please note: Balconies that are enclosed on three sides by full height walls/screens are included in liable floor area.

CIL post decision

Liability Notices

The Liability Notice is normally issued with the planning permission and sent directly to the Applicant by signed for post, although, occasionally, it will be issued at a later date and can be emailed. Copies are sent to all persons with an interest in the land unless liability has been assumed (see below) and can be superseded and re-issued, depending on circumstances, until development has commenced. The liability is placed on the Local Land Charges Register.

Liability calculation and internal review

In the event of disagreement in the calculation of the CIL liability, you can request an internal review. This will be conducted by a more senior officer than the one who carried out the original calculation. The request must be submitted within 28 days of issue and you will receive a response within 14 days of receipt.

Liability calculation and appeal

If you are unhappy with the result of the review or have not received a response within 14 days, you have the right to appeal. The appeal application must be submitted within 60 days of issue of the Liability Notice and made to:

Valuation Office Agency, Statutory Valuations Team, SVT Hub BP5202, Dunstanburgh House, Benton Park View, Longbenton, Newcastle Upon Tyne, NE98 1ZZ.  Email: cil.appeals@voa.gsi.gov.uk

Please note: The right to an internal review and appeal will be lost if development has commenced before a decision for either has been issued.

CIL before commencement of development - Assumption of Liability

Liability must be assumed by the person/s or organisation, with named individual, that will carry out the development.  Liability must be assumed using Form 1: Assumption of Liability and can be submitted either by themselves or by an Agent working on their behalf.  The Regulations do not state they have to be the landowner.  Assumption can be withdrawn at anytime in writing or by using Form 3: Withdrawal of Assumption of Liability before development commences. However, once development has commenced, liability cannot be withdrawn unless the liability is transferred to a new person/organisation, using Form 4: Transfer of Assumed Liability.

The CIL Regulations require that a surcharge of £50 will normally be applied if development is commenced before liability is assumed.

Good practice is to assume liability at time of application and transferring if site sold before development commences - eliminates surcharge if disqualifying event occurs and also clarifies who is liable and who is not.

CIL before commencement of development - Exemptions

If applicable, an exemption from liability must be applied for and granted before any works commenced. They can be granted for residential annexes or extensionsself-build housingcharities and social housing

A self build exemption can only be granted to:

  • a person who has assumed liability
  • will own the land at the time of completion
  • they must live in the house for three years after completion as their primary residence

The exemption can be withdrawn if a disqualifying event takes place and full payment of the liability at commencement becomes payable within 60 days. 

Disqualifying events for self build include:

Disqualifying events for annexes include selling main dwelling or annex separately, renting the annex for independent use or using main dwelling for more than a single residential purpose.

CIL before commencement of development - Commencement Notice

Before development commences, we must be notified of the start date no later than the day before commencement by submitting Form 6: Commencement Notice. A copy must also be given to all other persons who have an ownership interest in the land under development. A Building Regulations notification does not constitute and cannot replace a formal CIL notification using Form 6. Commencement Notice. The Council must formally acknowledge receipt of the notice and will also acknowledge receipt by phone, if the start is imminent.

Submission of the notice will trigger the issue of a Demand Notice.

The CIL Regulations require that a surcharge of £2,500 or 20% of the liability, whichever is less, will normally be imposed if development is commenced before a notice is submitted. This is in addition to the failure to assume liability surcharge.

CIL after commencement of development - Demand Notice

A Demand Notice will be issued upon receipt of a Commencement Notice for all liabilities that have not been granted an exemption. An invoice for payment will be sent out with the Demand Notice.  The liability is payable in accordance with the CIL Instalment Policy, with the first payment due within sixty days of the commencement date. If applicable, invoices for subsequent instalment payments will be sent out approximately six weeks before payment due date.

The right to pay by instalments will be lost if the first payment is not paid by the due date and the total liability will become due. In addition, failure to pay on time will incur daily interest charged at 2.5% above the Bank of England base rate.

CIL after commencement of development - Discharge Notice

A Discharge Notice will be issued upon full payment of the CIL liability and the charge on the Local Land Charges Register will be removed. This is an important legal statement and should be retained by the liable person/organisation for their records, because copies are likely to be requested by solicitors during the sale of the property.

CIL penalties

The CIL regulations define the following penalties for not complying with the correct procedures:

  • failure to assume liability on commencement of development - £50 surcharge imposed
  • failure to submit commencement notice - £2,500 or 20% of total liability (whichever is less) surcharge imposed, loss of the right to pay by instalments and full payment becomes due immediately
  • late payment - loss of the right to pay by instalments, full payment due immediately and daily interest of 2.5% above Bank of England base rate added to liability. An additional surcharge of 5%, £200 minimum, is added after 30 days, 6 & 12 months, until payment is made
  • loss of self build or residential annex exemptions during 3 year qualifying period after completion - payment of the full liability granted exemption at commencement is due immediately.
  • further penalties include Stop Notices and the recovery of unpaid liabilities through the courts

The regulations give the council discretion to apply surcharges, which has been written into the CIL Instalments Policy. In normal circumstances, surcharges will be imposed, but in exceptional circumstances, the General Manager - Planning and Community Services may decide not to apply a surcharge.

CIL appeals

An appeal can be made against the following aspects of determining CIL liability.

  • chargeable amount - internal review first followed by formal appeal to the Valuations Office Agency
  • residential annex - formal appeal against failure to grant an exemption to Valuations Office Agency
  • self build housing - formal appeal against incorrect determination of amount of exemption allowed to Valuations Office Agency
  • surcharges - formal appeal against imposition of a surcharge to The Planning Inspectorate
  • deemed commencement - formal appeal against incorrect determination of commencement date to The Planning Inspectorate
  • appeals can also be made in relation to apportionment of liability, charitable relief and stop notices

Valuation Office Agency, Statutory Valuations Team, SVT Hub BP5202, Dunstanburgh House, Benton Park View, Longbenton, Newcastle Upon Tyne, NE98 1ZZ.  Email: cil.appeals@voa.gsi.gov.uk

The Planning Inspectorate, Registry/Scanning Room, 3/01 Kite Wing, Temple Quay House, 2 The Square, Temple Quay, Bristol, BS1 6PN.  Email: enquiries@pins.gsi.gov.uk

CIL pre-application guidance

Guidance on the financial liability resulting from a development proposal is available, for which, there will be a charge. This can be supplied as part of the standard Pre-application advice for Purbeck service or as a stand alone request and the fee is dependent on the type of proposed development.

CIL forms

Download CIL forms on the Planning Portal

Purbeck District Council will use your personal information to provide you with the service which you or someone acting on your behalf has asked us to provide. We will also use your personal details for purposes of crime prevention and crime detection and will, if asked, share it with other public bodies for that purpose. The full statement about how we will use your personal details can be seen at Looking after your personal data - Purbeck District Council's commitment to you or a copy can be provided by contacting Development Management Technical Support.

Complaining to the council

The council aims to give the best possible service to its customers in a helpful, courteous and efficient manner. If you think the council has not given the matter proper attention or you feel it has been mishandled, there is a formal complaints procedure that is both confidential and impartial to help resolve issues. 

CIL Monitoring - The Community Infrastructure Levy (CIL) Regulations require that all charging authority councils must publish monitoring reports of all CIL receipts and expenditure for any financial year that the levy is applied. In addition, it is a requirement for all local councils (Parish & Town) to publish their receipts and expenditure either on their own website or the charging authorities.

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