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Community Infrastructure Levy (CIL)

For further information see CIL Frequently Asked Questions .

The Community Infrastructure Levy (CIL) is a charge on new development which Local Authorities can introduce to help fund the infrastructure needed to support development. It takes the form of a charge applied to floorspace, as measured in square metres (sqm). CIL was introduced by the Planning Act 2008 and is governed by the Community Infrastructure Levy Regulations 2010 (as amended).

Charging Schedule

We have prepared and formally approved a CIL Charging Schedule which took effect from 17 August 2016. The Charging Schedule puts CIL charges on residential and retail development taking place anywhere in Crawley outside the Gatwick Airport boundary. The charge becomes payable when a development liable to CIL is started.

Crawley CIL Charging Schedule

The charges in the schedule are based on an assessment of economic viability and have been through a formal process of examination. This followed earlier consultations on a Preliminary Draft Charging Schedule and Draft Charging Schedule. Read further information about the process of adopting the Charging Schedule .

In keeping with the CIL Regulations the rates set out in the Charging Schedule are index-linked, with any necessary adjustment taking place at the start of each calendar year.

The Regulations allow for retained or demolished floorspace forming part of a development site to be offset against new floorspace, in some circumstances, when calculating CIL liability.

Charge Calculator

In order to assist applicants and developers we have produced a CIL Charge Calculator spreadsheet, which can be used to indicate CIL charges for developments granted planning permission during 2018:

CIL Charge Calculator 2018 (xlsx)

Exemptions

The following kinds of relief or exemption from CIL are also applicable in certain situations:

The exemption for minor development is applied automatically. All other reliefs or exemptions must be applied for in line with requirements set out in the CIL Regulations, using the forms provided in the table below.

Local Authorities are bound by the CIL Regulations in how they calculate and apply CIL, including the granting of reliefs or exemptions. Where CIL charges are payable they are non-negotiable. It is the responsibility of developers and landowners to understand and adhere to the requirements set out in the Regulations. Failure to do so may result in loss of eligibility for CIL relief or exemption, loss of the option of paying CIL in instalments, or the imposition of surcharges.

Other local CIL documents

The following documents provide further detail about our approach to CIL, and took effect at the same time as the Charging Schedule:

CIL and the Planning Process

Developments liable to CIL will usually require planning permission. We will begin to consider whether developments are liable to CIL at the planning application stage. To assist with this, a completed CIL Additional Information Form should be submitted with all applications including either of the following:

Where planning permission is sought for a development which is likely to be CIL liable, or which will require the grant of relief or exemption in order to escape CIL, applicants are encouraged to include with their application an assumption of liability form and any appropriate relief/exemption claim forms from the list below:

Forms are available to download in the table below.

Permitted Development

A development can be liable to CIL even if it does not require express planning permission. The criteria for CIL liability apply equally to developments which benefit from a general consent, such as the Permitted Development Order. For example, a change of use from a non-residential use to residential dwellings permitted via the prior approval procedure would be potentially CIL liable on the basis that it includes the creation of new dwellings.

Where a proposed development is liable for CIL but does not require planning permission, a completed Notice of Chargeable Development and any relevant Relief or Exemption forms must be submitted to us prior to commencement, so that the CIL Liability (if any) can be calculated. Forms are available to download in the table below.

You should contact us if you are unsure whether your proposed development is CIL liable or entitled to any relief or exemption. In many cases it will be possible to offset existing floorspace against proposed floorspace and thereby avoid any liability. If a CIL liable development is started without following the procedure detailed in the CIL Regulations there is a risk of additional costs arising from surcharges and the loss of any benefit from reliefs, exemptions, or our instalments policy.

Liability to pay CIL

The person(s) intending to pay the CIL due on a liable development must submit a completed Assumption of Liability form prior to the start of the development. If this is not done, a surcharge is applicable, and liability to pay CIL will normally fall by default on the owner(s) of the relevant land. Failure to assume liability will also remove the option of paying CIL in instalments and may prevent us from granting relief or exemption. Forms for use when assuming liability, withdrawing an assumption of liability, or transferring the liability to another person are available in the table below.

Transitional Provisions: when do developments start to be affected by CIL?

There is no CIL liability for developments which were granted express planning permission (including outline planning permission) before the implementation of the Charging Schedule.

Where a development is permitted by a general consent and does not require express planning permission, there is no CIL liability if the development is started before the implementation of the Charging Schedule.

Where a planning permission granted before the implementation of a Charging

Schedule is replaced, after the introduction of a Charging Schedule, by a new planning permission under section 73 of the Town and Country Planning Act 1990, CIL liability only arises in relation to any additional floorspace which is introduced into the development.

CIL forms/notices

Please note: CIL documents will be made a matter of public record and published under the relevant planning reference number. The breadth of personal information contained within each document we produce and publish reflects our duty to comply with the requirements of the Community Infrastructure Levy Regulations (2010) as amended. Any personal information such as signatures and email/telephone contact details (other than of planning agents/developers acting in a professional capacity) will be redacted prior to publication.

Description

Form

Planning Application - Additional Information Requirements Form To be completed and submitted with planning applications for 100sqm or more of new-build floorspace or for the creation of new dwellings (including through conversion).

CIL Additional Information Form

Form Guidance

Form 1: Assumption of Liability The person(s) who are assuming CIL liability in relation to a particular development should complete and submit this form.

Assumption of Liability

Form 2: Claiming Exemption or Relief This form should be completed and submitted prior to commencement in order to claim Charitable Relief or Social Housing Relief from CIL.

Claiming Exemption or Relief

Form 3: Withdrawal of Assumption of Liability This form is to be completed and submitted when a person who has assumed CIL liability wishes to withdraw the assumption of liability.

Withdrawal of Assumption of Liability

Form 4: Transfer of Assumed Liability When CIL liability is to be transferred from one person to another this form must be completed by both parties and submitted.

Transfer of Assumed Liability

Form 5: Notice of Chargeable Development If you are planning a development which is CIL liable but does not require planning permission this form should be completed and submitted prior to commencement.

Notice of Chargeable Development

Form 6: Commencement Notice This must be completed and submitted prior to the commencement of a CIL liable development.

Commencement Notice

Form 7: Self Build Exemption Claim Form Part 1 This should be completed and submitted prior to commencement of a development in order to claim the self-build CIL exemption for dwellings.

Self-Build Exemption Claim Form Part 1

Form 7: Self Build Exemption Claim Form Part 2 This form must be completed and submitted with appropriate evidence within six months of the completion of a development by a person granted a CIL exemption for self-build housing in relation to that development.

Self-Build Exemption Claim Form Part 2

Form 8: Self Build Residential Annex Exemption Claim Form This should be completed and submitted prior to commencement of a development in order to claim the self-build CIL exemption for residential annexes.

Self-Build Residential Annex Exemption Claim Form

Form 9: Self Build Residential Extension Exemption Claim Form This should be completed and submitted prior to commencement of a development in order to claim the self-build CIL exemption for residential extensions.

Self-Build Residential Extension Exemption Claim Form

Further Information

Contact

Forward Planning
Town Hall
The Boulevard
Crawley
West Sussex
RH10 1UZ

Telephone - 01293 438644

Email - Forward Plans

(01293) 438512 (01293) 438495 forward.plans@crawley.gov.uk click to contact us
Strategic Planning
Town Hall
The Boulevard
Crawley
W.Sussex RH10 1UZ

Contact Us

tel: (01293) 438512

fax: (01293) 438495

email: click to contact us

address:
Strategic Planning
Town Hall
The Boulevard
Crawley
W.Sussex RH10 1UZ

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