What is CIL and will I have to pay it?
CIL will come into effect in East Devon on 1 Sep 16 . This is a non-negotiable charge and is triggered by the commencement of development. The following types of planning applications are liable to pay CIL:
- Applications for the creation of new dwellings. This includes agricultural workers dwellings, holiday lets and student accommodation.
- Applications for extensions of 100 square metres or more to existing dwellings
- Applications for retail development (use classes A1-A5) in chargeable areas.
CIL is a tariff in the form of a standard charge on the above types of development, which in East Devon is set by the District Council to help the funding of infrastructure. The principle behind CIL is that most development has some impact on infrastructure and should contribute to the cost of providing or improving infrastructure.
CIL applies to new floor space and charges are based on the size, type and location of the new development. Developments of less than 100 square metres new build floor space will not be liable to pay CIL unless they result in the creation of a new dwelling.
Charges are calculated on Gross Internal Floor Area; refer to RICS ‘Code of Measuring Practice’
East Devon District Council will collect the levy, co-ordinate the spending of the funds and report this to the community annually.
What do I do now?
All applications, except Outline applications, Advertisement Consents and Listed Building Consents should submit Form 0 - CIL Additional Information Form as a part of the validation process.
How much will I pay?
CIL liable applications that receive a Decision Notice dated on or after 1 September 2016 will be charged in accordance with the rates set out in the CIL Charging Schedule.
East Devon has different charging zones across the District.
Exemptions and Relief
Some types of development may be eligible for Relief. Any relief must be granted, AND, a Commencement (of development) Notice sent to, and received prior to the commencement of development. Otherwise the full levy charge will be payable.
The following types of Relief can be claimed:
- Affordable Housing Relief
- Charitable Relief
- Self-Build Dwelling Relief
- Self-Build Extension of more than 100 square meter Relief
- Self-Build Annexe within the curtilage of dwelling Relief
As soon as practicable after the grant of planning permission we will issue your CIL Liability Notice. If you disagree with this Notice you must first request a review under Section 113 of the CIL Regulations.
The first stage of appeal is to send a letter stating why you think the Liability Notice is incorrect to the Planning Obligation Officer at East Devon District Council or email email@example.com marked 'Request for S113 Review'.
If this does not resolve the issue you may appeal direct to the Valuation Office Agency.
The following Appeals can be made during the CIL process:
- Chargeable Amount Review
- Chargeable Amount Appeal
- Apportionment of Liability Appeal
- Charitable Relief Appeal
- Surcharge Appeal
- Deemed Commencement Appeal
- CIL Stop Notice Appeal
Form 0 - Associated Guidance Notes
Form 1 - Assumption of Liability
Form 4 - Transfer of Assumed Liability
Form 5 - Notice of Chargeable Development
Form 6 - Commencement Notice
Form 9 - Self Build Residential Extension Exemption Claim (external link)
If you require any further information or assistance with CIL please telephone the CIL Officer on 01395 516551, email firstname.lastname@example.org or write to The Planning Obligation Officer, East Devon District Council, Knowle, Sidmouth, EX10 8HL