CIL meaning

The requirement for planning use swaps can emerge when a planning proposal would diminish residential floor space and the local planning authority (LPA) insists that a linked application is lodged to secure a proportionate re-provision of residential space in a different location. This is ordinarily pursued to ensure an equivalent level of residential provision is secured elsewhere through a connected scheme. Frequently, two distinct developers are engaged in a use swap. One applicant seeks consent for works or a change of use that results in the loss of dwellings (Developer A), whilst another brings forward a connected application to deliver residential accommodation in another part of the area (Developer B). A planning use swap agreement records the basis on which the swap proceeds. For further details, see Practice Note: Planning use swaps. Does the planning use swap agreement include the relevant parties? As an agreement under section 106 of the Town and Country Planning Act 1990 (section 106 agreement) is commonly needed before the LPA will...

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In this issue: Education Social care Public procurement Planning Governance Children's social care Pensions Social housing Healthcare Licensing Daily and weekly news alerts New and updated content Education Supreme Court holds that statutory religious education and collective worship in Northern Ireland school breached human rights (JR87 and another for Judicial Review (Appellant)) In In the matter of an application by JR87 and another for Judicial Review (Appellant), the Supreme Court unanimously upheld the appeal advanced by a schoolgirl, JR87, together with her father, against the Department of Education (Northern Ireland). The court determined that delivering religious education and conducting collective worship in Northern Ireland’s controlled schools, as required by the current statutory scheme, violated their rights under Article 2 of Protocol 1 (A2P1) to the European Convention on Human Rights, when read in conjunction with Article 9 ECHR. Victoria Dennis, Educational Law Solicitor at Doyle Clayton, has offered observations on the...

In this issue: Governance Planning Social housing Children’s social care Social care Healthcare Education Environmental law and climate change Local government finance Daily and weekly news alerts New and updated content Governance Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers) The Supreme Court ruled that, within the Equality Act 2010 (EqA 2010), the words ‘man’, ‘woman’ and ‘sex’ denote biological sex. Treating the relevant provisions as embracing ‘certificated sex’ by virtue of a gender recognition certificate (GRC) would render them incoherent and unworkable, and thus cannot be done. For sex discrimination claims, an individual has the protected characteristic of biological sex only. The relevant parts of the EqA 2010 fall within section 9(3) of the Gender Recognition Act 2004 (GRA 2004), and so displace the section 9(1) rule that a person with a GRC is, for all purposes, of the acquired...

R (on the application of Captain Lee Jones) v Shropshire Council [2025] EWHC 365 (Admin) What are the practical implications of this case? This decision carries significance for CIL enforcement under the CIL Regulations, SI 2010/948, and more generally for administrative enforcement by public authorities exercising statutory powers. The court concluded that, although the CIL Regulations do not prescribe any statutory deadline for serving a CIL stop notice to secure unpaid CIL, the six-year time limit in section 9(1) of the Limitation Act 1980 (LA 1980) governing actions to recover sums due by virtue of an enactment does not apply. The practical consequence is that there is no limitation period on issuing a CIL stop notice. As a result, a collecting authority may deploy this measure to enforce outstanding CIL where the underlying development remains incomplete, even if an application for a liability order to recover that amount is already time-barred. Accordingly, the absence of a statutory cut-off means the stop notice remains available even when pursuing a...

Introduction The Community Infrastructure Levy (CIL) is a charge applied to development. Its statutory foundation lies in Part 11 of the Planning Act 2008 (PA 2008), which permits the Secretary of State to make regulations providing for the imposition of CIL. That power was exercised through the Community Infrastructure Levy Regulations 2010, SI 2010/948 (the CIL Regulations). CIL operates in both England and Wales. It is set by ‘charging authorities’ for certain development of land within their areas and is collected by ‘collecting authorities’. For further detail on charging and collecting authorities, and the circumstances in which CIL becomes payable on development, see Practice Note: Community Infrastructure Levy (CIL)—who administers CIL, when does CIL arise, and when and by whom must CIL be paid. The CIL Regulations also include enforcement mechanisms, allowing collecting authorities to levy a range of surcharges, issue stop notices, and, where necessary, recover monies through appropriate legal action. Collection and enforcement procedures are supported by a right to appeal specified decisions (see Practice Note:...

ARCHIVED: This Practice Note has been archived and is no longer maintained. In a July 2024 consultation on revisions to national planning policy, the government stated it would not take forward the infrastructure levy. Consequently, this Practice Note is archived and is not being updated. What is the infrastructure levy? The infrastructure levy (IL) was designed to reshape the system of developer contributions in England, replacing contributions made via planning obligations under section 106 of the Town and Country Planning Act 1990 (TCPA 1990) and the community infrastructure levy (CIL) with a compulsory, more straightforward, locally set charge on new development. The detailed operation of IL would be prescribed through regulations. The objective of IL is to ensure that the costs of supporting an area’s development are met, at least in part, by landowners or developers, without rendering development in that area economically unviable. Part 4 and Schedule 12 to the Levelling-up and Regeneration Act 2023 (LURA 2023) establish the overarching framework for IL. LURA 2023 received...

This Practice Note addresses the regime for permitted development in England. For guidance specific to Wales, see the Practice Note: Permitted development in Wales. Legal basis of permitted development rights Under section 57 of the Town and Country Planning Act 1990 (TCPA 1990), planning permission is necessary for ‘the carrying out of any development of land’. TCPA 1990, s 55(1) defines ‘development’ as comprising, for these purposes: the undertaking of building, engineering, mining, or any other operations in, on, over, or beneath land (see Practice Note: Operational development), or the making of any material change in the use of any buildings or any other land (see Practice Note: Material change of use) Section 58(1)(a) TCPA 1990 states that planning permission may be conferred by means of a ‘development order’. For these purposes, the Town and Country Planning (General Permitted Development) Order 2015, SI 2015/596 (the GPDO) constitutes such a development order made under that power. It enables particular...

Date [ date ] Parties [ name of (first) Owner ] [ and [ name of second Owner ] ] [ [ both ] of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( [ together ] Owner ) [ name of Promoter ] [ of OR incorporated in England and Wales (company registration number [ number ]) having its registered office at ] [ address ] ( Promoter ) 1 Definitions In this Agreement, the following expressions shall have these meanings: [ Adverse Rights • any easement, covenant, right or other interest in or over the Property, the release, discharge or alteration of which is reasonably required in order to: (a) achieve the Objective; or (b) facilitate the Development; ] [ Adverse Rights Agreement • any instrument giving legal effect to the release, discharge or alteration of an Adverse Right; ] ...

1 Definitions Biodiversity Gain • the biodiversity gain target set out in Schedule 7A to the TCPA 1990, together with any comparable obligation, tax or levy; CIL • the Community Infrastructure Levy brought in by sections 205—225 of the Planning Act 2008 (and/or any equivalent tax or levy); CIL Liability • the sum that the Buyer, acting reasonably, considers it will be required to pay by way of CIL in respect of the Development, calculated in accordance with clause 2.2; CIL Regulations • the Community Infrastructure Levy Regulations 2010, SI 2010/948 (as amended); [ Condition • the Buyer obtaining Satisfactory Planning Permission; ] Development • the use of the whole or any part of the Property for [ insert a detailed description of the Development including the maximum and minimum number of units/floorspace etc ]; Expert • an individual with at least [ 10 ] years’ post-qualification experience, including significant relevant expertise relating to the subject matter of the dispute;...

Date [ date ] Parties [ name of Seller ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] [ and with an address for service in England and Wales of [ address ] ] (Seller) [ name of Buyer ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at ] [ address ] [ and with an address for service in England and Wales of [ address ] ] (Buyer) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with registered office at [ address ] ] [ and with an address for service in England and Wales of [ address ] ] (Guarantor) ] 1 Definitions In this Agreement, the terms below have the following meanings: Actual Completion Date – the...

Stop press : The Levelling up and Regeneration Act 2023 obtained Royal Assent on 26 October 2023. This content is presently under review to ensure consistency with the Act. The Community Infrastructure Levy (CIL) originates in section 205 of the Planning Act 2008 (PA 2008) and took effect in 2010. It permits local authorities to levy a charge on new developments within their area where a new dwelling is created or additional floor space of 100sqm or more is provided. The detailed provisions are contained in the Community Infrastructure Levy Regulations 2010 (CILR 2010), SI 2010/948, made pursuant to PA 2008...