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1 September – all change (again) for the Community Infrastructure Levy

On 1 September 2019 the Community Infrastructure Levy (CIL) will change (again). In this legal insight we remind you of the five top changes.

1 - Removal of the pooling restriction

Charging authorities will be able to use both CIL and section 106 contributions to fund the same item of infrastructure. This will provide charging authorities with greater flexibility for infrastructure funding.

2 - Annual infrastructure statement will replace Regulation 123 lists

Local authorities (including those who have not implemented CIL) will have to provide an annual infrastructure funding statement by 31 December each year. The details of what must be included are set out in the Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019.

The first annual infrastructure funding statement must be published by 31 December 2020.

3 - Greater flexibility in relation to exemptions

The current system, where a relief is lost if a commencement notice is not submitted before the development begins, will be replaced by a surcharge equal to 20% of the notional chargeable amount, or £2,500, whichever is lower.

4 - Fairer system of dealing with amendments to planning permissions

Developers will be able to carry over exemptions and reliefs to permissions amended under section 73 of the Town and Country Planning Act 1990.

5 - Simplification of the process for putting a charging schedule in place

Two rounds of consultation will no longer be required. However, the charging authority will be required to invite representations on the draft charging schedule from those persons they consider appropriate, such as local businesses and voluntary bodies.

For a fuller explanation of the changes, please see our legal insight – Community Infrastructure Levy – September 2019 will bring further changes.

TLT has extensive experience in advising on CIL. If you wish to discuss, please get in touch.

Contributor: Alexandra Holsgrove Jones

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at August 2019. Specific advice should be sought for specific cases. For more information see our terms and conditions.

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