The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025
The Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025 amend the 2010 Community Infrastructure Levy Regulations and the 2013 Town and Country Planning Order.
These amendments clarify the application of the Community Infrastructure Levy to certain planning determinations made by the Secretary of State or appointed persons, and enhance the information gathered on CIL liabilities within planning applications.
The changes primarily aim to improve clarity, consistency and the efficiency of the planning process concerning the levy in England.
Arguments For
Improved clarity and consistency: The amendments clarify the application of the Community Infrastructure Levy (CIL) to specific planning determinations, reducing ambiguity and potential disputes.
Streamlined application process: The changes to the application process for planning permission aim to simplify the submission of information regarding CIL, making it more efficient for applicants and authorities.
Enhanced information gathering: The regulations enable the Secretary of State to gather more comprehensive information on CIL in section 62A applications, aiding better informed decision-making.
Legal basis in existing legislation: The regulations are based on the powers conferred by sections of the Planning Act 2008, providing a clear legal framework for the amendments.
Arguments Against
Increased administrative burden: The added requirements for CIL information in planning applications might increase the administrative workload for both applicants and planning authorities.
Potential for delays: The need for more detailed CIL information could potentially lead to delays in the planning application process.
Unintended consequences: The amendments, while aiming for clarity, could inadvertently create new complexities or inconsistencies in the CIL system, requiring further adjustments in the future.
Limited scope: The regulations only apply to England, potentially leading to inconsistencies in CIL application across different parts of the UK.
- Citation, commencement, extent and application
(1) These Regulations may be cited as the Community Infrastructure Levy (Amendment etc.) (England) Regulations 2025.
(2) These Regulations come into force on 1st May 2025.
(3) These Regulations extend to England and Wales.
(4) These Regulations apply in relation to England only.
This section establishes the title, effective date, geographic coverage, and specific application of the regulations.
The regulations are named, take effect on May 1st, 2025, and technically extend to England and Wales, but only apply within England.
- Amendments to the Community Infrastructure Levy Regulations 2010
(1) The Community Infrastructure Levy Regulations 2010 are amended as follows.
(2) In regulation 5 (meaning of “planning permission”), in paragraph (1)(b)—
(a) after “as applied by sections 76A(10),” insert “76C(1),”;
(b) for “and 79(4)” substitute “79(4) and 293H(1)”;
(c) after “a person appointed by the Secretary of State in accordance with” insert “section 76D(1) or 293I(1) of TCPA 1990 or”.
(3) In regulation 122 (limitation on use of planning obligations), in paragraph (3), in the definition of “relevant determination”, in sub-paragraph (a)—
(a) after “76A” insert “76D, 76E”;
(b) for “or 77” substitute “77, 293I or 293J”.
This section details amendments to the 2010 Community Infrastructure Levy Regulations.
Specific changes are made to regulation 5's definition of 'planning permission' and regulation 122's definition of 'relevant determination', adjusting references to include additional sections of the Town and Country Planning Act 1990 to clarify application to certain planning determinations made by the Secretary of State or appointed officials.
- Amendments to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013
(1) The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 is amended as follows.
(2) In article 2 (interpretation), in paragraph (2), before the “and” after sub-paragraph (f) insert— (fa) details of whether the development to which the relevant application relates is liable to community infrastructure levy under Part 11 of the Planning Act 2008 (“CIL”) and, where it is so liable, a calculation of the likely amount of CIL;
(3) In article 4 (applications for planning permission), after paragraph (1A) insert— (1B) In an area where, on the date on which a relevant application is made, a charging schedule is in effect for the charging of community infrastructure levy under Part 11 of the Planning Act 2008 (“CIL”), a relevant application for planning permission must also be accompanied by the following information relating to CIL— (a) a statement as to whether the applicant considers that the development, if granted planning permission, would be liable for CIL; (b) where the applicant does not consider the development, if granted planning permission, would be liable for CIL, the reasons for that view; (c) subject to paragraph (1C), in cases where the applicant considers the development, if granted planning permission, would be liable for CIL, details of— (i) the gross internal area to be created by the development; (ii) the existing buildings to be retained, demolished or partially demolished under the development; (iii) any relief or exemption from CIL which may be applicable to the development. (1C) For the purposes of paragraph (1B)— (a) where details of the gross internal area to be created by the development are not specified in, or determinable by reference to, the relevant application, the applicant must provide an estimate of the gross internal area to be created by the development; (b) where details of the existing buildings to be retained, demolished or partially demolished under the development are not specified in, or determinable by reference to, the relevant application, the applicant must provide a statement as to which existing buildings are likely to be retained, demolished or partially demolished; (c) where details of any relief or exemption from CIL which may be applicable to the development are not specified in, or determinable by reference to, the relevant application, the applicant must provide a statement as to which relief or exemption from CIL they consider may be applicable.
(4) In article 5 (applications for reserved matters), after paragraph (1) insert— (1A) In an area where, on the date on which a relevant application is made, a charging schedule is in effect for the charging of community infrastructure levy under Part 11 of the Planning Act 2008 (“CIL”), a relevant application for approval of reserved matters must also be accompanied by the following information relating to CIL— (a) a statement as to whether the applicant considers that the development, if approval is given, would be liable for CIL; (b) where the applicant does not consider the development, if approval is given, would be liable for CIL, the reasons for that view; (c) in cases where the applicant considers the development, if approval is given, would be liable for CIL, details of— (i) the gross internal area to be created by the development; (ii) the existing buildings to be retained, demolished or partially demolished under the development; (iii) any relief or exemption from CIL which may be applicable to the development. (1B) For the purposes of paragraph (1A)— (a) where details of the gross internal area to be created by the development are not specified in, or determinable by reference to, the relevant application, the applicant must provide an estimate of the gross internal area to be created by the development; (b) where details of the existing buildings to be retained, demolished or partially demolished under the development are not specified in, or determinable by reference to, the relevant application, the applicant must provide a statement as to which existing buildings are likely to be retained, demolished or partially demolished; (c) where details of any relief or exemption from CIL which may be applicable to the development are not specified in, or determinable by reference to, the relevant application, the applicant must provide a statement as to which relief or exemption from CIL they consider may be applicable.
(5) In article 12 (information to be provided by the designated planning authority)— (a) after paragraph (1) insert— (1A) For the purposes of paragraph (1), in respect of information relating to community infrastructure levy under Part 11 of the Planning Act 2008, the Secretary of State may under paragraph (1) specify different periods for different parts of the questionnaire; (b) in paragraph (2), after “questionnaire” insert “or, where paragraph (1A) applies, part of the questionnaire”.
This section introduces amendments to the 2013 Town and Country Planning Order.
New requirements are added to applications for planning permission and reserved matters, mandating information regarding Community Infrastructure Levy (CIL) liability, including calculations and justifications.
Further changes allow the Secretary of State to specify different response periods for sections of a questionnaire regarding CIL.