CIL and planning applications


Planning applications

Application types that need to submit a Form 1

The applications required to submit a CIL Form 1 are shown in the Validation Guide.

Reserved Matters where the Outline application is determined before 1 January 2019

The Reserved Matters applications are not CIL liable or chargeable.

Demolition of an existing building before planning permission is granted

Existing floorspace is only considered if the building:

  • is still standing on the day that planning permission is granted
  • has been in lawful use for at least six months continually in the three years before planning permission was granted, and
  • is demolished before completion of the development.

Amendments

Applications amending existing permissions or section 73 applications

  • Revised full application - This will be liable irrespective of what was approved
  • A section 73 revising a parent permission approved before the implementation of CIL - CIL is only charged on any increase in floorspace from the parent permission. If there is no increase in floorspace then there will be no charge.
  • A section 73 revising a parent permission approved after the implementation of CIL - The whole floorspace will be liable and chargeable.

Other types of application

Permission in Principle (PiP)

CIL is not charged on a PiP. It is charged (as appropriate) at the point when you receive Technical Details Consent. 

Temporary planning permission

CIL is not charged on temporary planning permissions.

Use Class E

If the development is:

  • not in an 'out of town centre' location, or
  • it is in an 'out of town centre' location but the development description explicitly excludes delivery of the three retail uses that we charge on,

then the application will be zero rated for CIL.

However, if the development description does not exclude these three retail uses, the £100 per sqm (+ indexation) charge will apply. The reason for this is that it's a flexible permission, and there's a choice on which use to implement. The developer has the option to implement the use with a charge, or a use without a charge.

Commencement of the chargeable development

Commencement for CIL purposes is the same as for planning applications. Planning legislation states material operations must start on the site. If you receive permission after commencement, CIL may become payable at that point. Commencement for CIL includes site clearance and demolition of existing buildings on site.

CIL and section 106 contributions

We seek Section 106 contributions even after CIL has come into effect if needed.  Some developments will need to pay both a S106 contribution and CIL. 

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