Community Infrastructure Levy and Developer Contributions

Policy CS16: Infrastructure of the Core Strategy sets out how the Council intends to seek developer contributions as part of the formal planning application process.

On major development sites, the Council encourages pre-application dialogue regarding developer contributions.

Community Infrastructure Levy (CIL)

The CIL tariff came into effect on 1 April 2015. It is charged on the 'gross internal floor space' of the proposed development. However, some developments are exempted, including minor development and residential extensions of less than 100 sq m of net internal floorspace (unless it will comprise of one or more dwellings), new affordable housing, development for charitable purposes, self build housing and residential annexes. More information is set out below.

The Charging Schedule is set out below:

Type of development Charging Schedule
Residential (Town Centre, Sheerwater and Maybury) 75 per square metre
Residential (rest of the Borough) 125 per square metre
Retail (all types) 75 per square metre
All other commercial and non-residential uses Nil (0 per square metre)

The levy is charged by pounds per square metre on the net gain of floor space. The levy will be collected on the commencement of the development (within 60 days of commencement of development). The Council has an instalment policy , however this will only apply when the element of contributions relating to SPA mitigation (SANGs) has been paid. Please note that the Charging Schedule is index linked to the BCIS All-in Tender price Index. This will take effect from 1st April 2016.

Scale of chargeable amount Timing of payment

Chargeable amount less than 25,000

One payment at:

Full amount at commencement

Chargeable amount of between 25,000 and 100,000

Three equal instalments at:

(a) One third at commencement;

(b) One third at 9 months after commencement;

(c) One third at first occupation of any part of the development.

In any event, the full amount will be paid by first occupation.

Chargeable amount of over 100,000

Three equal instalments at:

(a) One third at commencement;

(b) One third at 12 months after commencement;

(c) One third at first occupation of any part of the development.

In any event, the full amount will be paid by first occupation.

The Council requires the submission of the CIL additional information form and the assumption of liability form for all Full, Outline and Reserved Matters Approval applications as well as any Householder applications proposing development of 100 sqm. or more.

Other forms that may be relevant are available on the Planning Portal website and include:

Further background information on the CIL can be found here.

Community Infrastructure Levy Regulations

Community Infrastructure Levy Planning Practice Guidance

The Regulation 123 list sets out the projects and types of infrastructure that will be funded in whole on in part by the CIL income. Infrastructure projects or types which are not proposed to be funded from CIL can still be funded through S106. The Borough Council will develop a Regulation 123 statement which will clearly set out infrastructure which will be funded through CIL and infrastructure projects excluded from CIL and therefore requiring funding through S106. This will be published when CIL is adopted.

S106

The Council will continue to secure site specific mitigation by developer contributions under S106. In addition contributions will be sought for the following:

  • Development resulting in a net gain of residential units will be required to mitigate against the impact of the Special Protection Area (SPA). The Strategic Access Monitoring and Maintenance (SAMM) element has to be collected through S106. Further details are set out in the Council's SPA Thames Basin Heath Avoidance Strategy. Failure to provide the necessary monies required in connection with the Avoidance Strategy will result in refusal of your planning application.

  • Government published revisions to the National Planning Practice Guidance (NPPG) following a Court of Appeal decision in May 2016. Only developments of over 10 dwellings, or more than 1,000 square metres of gross floorspace, would be liable for affordable housing contributions through Section 106 agreements. In addition, a “vacant building credit” is also available to developers to incentivise them to bring back into use vacant buildings. Further guidance on the implementation of Policy CS12 following the changes can be found here.

A template S106 Unilateral Undertaking is available here for applicants to use. The Council will require any agreement under S106 to be completed before planning permission is granted.

Other typical contributions

  • Public art - major development schemes will be expected to contribute to the provision of public art, either on-site or by way of developer contributions. This will be determined on a case by case basis. In accordance with saved Local Plan (1999) policy WTC6: Public Art, the Council will seek one percent of the cost of all development over 1million to be made available for the provision of works of art.

  • Other contributions legal agreements may be required in accordance with CIL Regulations (2010 and 2011 amendments). These will depend on the site and the need to mitigate against any further impact resulting from the development.