Community Infrastructure Levy - Draft Charging Schedule (Nov 2014)

Section 4: CIL collection and spending

How CIL will be collected and spent

(1)4.1 The Council will issue a notice of liability as soon as practicable on or after the day on which a planning permission first permits development stating the chargeable amount in relation to the development. The responsibility to pay the levy runs with the ownership of land on which the liable development will be situated and is a local land charge. Payment of the levy is due from the date the chargeable development commences. A commencement notice must be submitted to the Council no later than the day before the day on which the chargeable development is to be commenced. See the Council’s website for the appropriate further guidance and documentation.

(2)4.2 Unlike contributions received via S.106, CIL funds will go into a central ‘pot’ on receipt and will be pooled to be spent on the projects identified in the Regulation 123 Infrastructure List (see Appendix 2 for draft).

Neighbourhood Allocation

4.3 As set out in Section 2 of the Localism Act (2011) Charging Authorities are required to pass a ‘meaningful proportion’ of CIL receipts to local neighbourhoods where development has taken place.

(1)4.4 Local authorities must allocate at least 15% of levy receipts to spend on priorities that should be agreed with the local community in areas where development is taking place. This can increase to a minimum of 25% in locations with an adopted Neighbourhood Development Plan (see National Planning Practice Guidance for further details on the neighbourhood portion of the levy).

4.5 On adoption of a CIL charging schedule the Council will publish a CIL Governance Framework setting out further detail in relation to the CIL spending and allocation arrangements.

Enforcement

4.6 Almost all parties liable to pay the levy are likely to pay their liabilities without problem or delay, guided by the information sent by the charging authority in the liability notice. However, where there are problems in collecting the levy, charging authorities are able to penalise late payment and discourage future non-compliance. The regulations provide for a range of proportionate enforcement measures ranging from surcharges on late payments to up to three months imprisonment in extreme cases.

Payment by instalments

4.7 In accordance with Regulation 69B of the amended CIL Regulations, CIL may be paid by instalments in accordance with the published Instalment Policy (draft included in Appendix 3).

Payment in kind

4.8 In accordance with Regulations 73, 73A, 73B and 74 and the Council’s Payment in Kind & Infrastructure Payments Policy (draft included in Appendix 4), the Council may at its discretion accept a proportion of a CIL liability in the form of a transfer of land or infrastructure provision to the Council as payment.