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Borough CIL and planning obligations

Our Community Infrastructure Levy, along with the Planning Obligations SPD, are to secure contributions from development to local infrastructure.

Documents

The Borough Community Infrastructure Levy (CIL) Charging Schedule sets out the Council’s rates of CIL.

Note that all Indexed Rates are rounded to the nearest one pence. Rounding of the chargeable amount will take place within the calculation of the CIL.

The Borough CIL Charging Schedule and Instalments Policy came into effect from 1 November 2014. These charges apply to relevant development which is approved after this date.

Coronavirus payment deferral process

The government introduced temporary discretionary provisions to allow Councils to defer payment of CIL instalments where a liable party was negatively affected by the Coronavirus pandemic and struggling to pay their CIL Charge. This provision was available for payments that were due up until 31 July 2021.
To make a payment deferral request, the following evidence must be provided:

  • Evidence that the liable party has an annual turnover not exceeding £45,000,000
  • Evidence that the liable party was experiencing financial difficulties for reasons directly connected to the effects of COVID-19 resulting in difficulty paying the outstanding CIL amount

In addition to the payment being deferred, a request may also be made for any Late Payment Interest accrued between 21 March 2020 and the date of the payment deferral request to be off-set against the CIL amount due.

The Council has full discretion under the Regulations whether to grant a payment deferral request or a Late Payment Interest request. Should the Council agree to defer the CIL payment, it retains the right to refuse the Late Payment Interest request. Late Payment Interest can only be offset if the payment has been deferred.

To apply for a payment deferral you must email your request, including supporting information, to cil@richmond.gov.uk, or send it by post to the CIL Team, Civic Centre, 44 York Street, Twickenham TW1 3BZ.

Protocol for withdrawal of CIL liability notice

We have an agreed protocol for the withdrawal of a Liability Notice in certain limited circumstances. Specific criteria will have to be met and relevant information, as set out in the protocol, provided.

Send completed application forms for the withdrawal of a liability notice, with supporting information, to cil@richmond.gov.uk, or the CIL Team, Civic Centre, 44 York Street, Twickenham TW1 3BZ.

Planning Obligations SPD

The revised Planning Obligations SPD (pdf, 400 KB) (adopted 2 June 2020) (pdf, 72 KB) (sets out the Council’s policies and procedures for securing site-specific Section 106 developer contributions alongside the Borough’s CIL. A Planning Obligations Calculator (MS Excel, 94 KB) (for monitoring fees, check the latest fees and charges) was developed alongside the SPD, which can be used to identify the contributions required for a proposed development, following the approach set out in the SPD, as a starting point for discussions.

These operate in conjunction with the Affordable Housing SPD.

CIL process

The Planning Portal have developed a series of CIL forms.

If your application is liable for CIL you must ensure the following forms are completed and returned to the Council before starting any development:

If you do not complete all the necessary forms before you start development you will no longer be eligible to request a review or appeal against our assessment of your CIL liability and you will be subject to additional surcharges and late payment interest. If you are uncertain about which forms you need to complete please contact the CIL team before you intend to start development to avoid any unnecessary expense.

For all CIL enquiries please email cil@richmond.gov.uk.

Guidance

Further guidance on the CIL can be found on the Planning Portal or Planning Practice Guidance.

How the Borough CIL was prepared

The Council’s CIL Charging Schedule was agreed by the Council on 22 July 2014. This followed receipt of the Examiner’s Report(pdf, 91KB) on 17 March 2014. The evidence prepared to support the Borough CIL, including in relation to infrastructure needs, is part of the Local Plan research.

CIL Income and Expenditure

The Council is required to publish reports on the amount of Borough CIL collected and spent annually before 31 December following the end of the relevant financial year.

For the financial year 2019/2020 and for all subsequent years the Council must publish an Infrastructure Funding Statement. It must be published before the 31 December following the end of the relevant financial year, and includes income and expenditure related to both CIL and S106 contributions.

 

Updated: 04 January 2022

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