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Sandwell Community Infrastructure Levy (CIL)

What is Community Infrastructure Levy (CIL)

The Community Infrastructure Levy (CIL) is a new mechanism to secure funding contributions towards the future infrastructure needed to underpin the borough.  it can help support new physical and social infrastructure such as schools and roads and also improve existing facilities.

CIL charges will be based on the size, type and location of the development proposed.

To assist applicants, developers and landowners, a CIL Guide will be prepared.  More information on what development will be liable for CIL and the planning application process is available on the CIL planning applications information web page.

COVID-19 pandemic lockdown implications for Community Infrastructure Levy (CIL)

The impact of recent changes, due to the COVID-19 pandemic, has been widespread and CIL is an area of statutory council business which has been affected during this period.  With the announcements of a pause on most of the construction industry and a halt to property sales, together with questions being raised about payment of CIL, we have considered the implications. 

Ministry of Housing, Communities and Local Government (MHCLG) have written to Chief Planning Officers and also published the following guidance

The guidance aims to help small and medium sized developers by introducing amendments to the Community Infrastructure Levy Regulations 2010 to enable charging authorities to defer payments, to temporarily disapply late payment interest and to provide a discretion to return interest already charged where they consider it appropriate to do so.  The easements can be applied to developers with an annual turnover of less than £45 million.  It is intended that these easements will not be open-ended and will be removed when the economic situation has recovered.

CIL Income

In respect of CIL income, CIL instalments due within the next 30 days will be assessed on a case-by-case basis where developers contact us and request this:

  • Where development has already commenced, upon written request and where a developer can prove they meet the small or mediums sized criteria, a new CIL demand notice will be re-issued to allow for 6 month extension to the next instalment due date and to subsequent outstanding instalments.  This position will be reviewed towards the end of July and any further extension to instalment payment will need to be requested and agreed.  Please note it will take time for notices to be prepared and issued, but this work will be prioritised.
  • An individual, case by case review of late payment interest and surcharges for deferred / enforcement cases will be made and a pragmatic approach adopted to support customers in these circumstances, in line with the guidance.

Sandwell CIL Infrastructure Funding Statement

The Community Infrastructure Levy (CIL) Regulations 2010 (as amended) set out exactly how CIL can be used.

80% of the CIL monies collected will be used for strategic infrastructure, to fund the provision, improvement, replacement, operation or maintenance of infrastructure to support the development of the area.  This means that it must be spent on infrastructure which is required to support new development and growth in the borough in relation to regulation 123.  CIL cannot be used to fund solutions to existing problems unless those problems are made worse as a result of new development.

15% of the CIL monies collected will be given to the local area or parish councils where they exist, for use on local intrastructure.

5% of the CIL monies collected are used to fund some of the costs of the administration of CIL.

The Community Infrastructure Levy (Amendment) (England) (No.2 Regulations 2019) came into force on 1 September 2019.  Under these regulations, Infrastructure funding Statements (IFS) will replace CIL Regulation 123 Lists as the mechanism through which projects are identified for CIL funding.

The IFS will be published annually and provide a summary of all financial and non-financial contributions relating to S106s and CIL within the borough. 

Infrastructure Funding Statement

Sandwell CIL charging schedule

Following approval by Council on 3 March 2015, Sandwell Council intends to implement a CIL charging schedule with effect from 1 April 2015.  A formal notice has been published confirming that date. The Charging Schedule can be viewed alongside all associated documentation below:

Any planning permission which first permits development (i.e. where the date of the decision notice is) on or after 1 April 2015 will be liable for the levy.

CIL may be required to be paid if planning permission is granted for your proposal and will be charged in pounds (£) per square metre based on the net additional increase in floorspace of any given development.

The amount of CIL liability will depend on where the development is located, type of use proposed, amount of floorspace that is being created, and any floorspace that is being lost through demolition or change of use.

The Council is also revising the Planning Obligations SPD due to changes in the Section 106 regime being introduced by central Government from April 2015, and the introduction of CIL on 1 April 2015.

Planning Applications

If your development is liable for CIL you must submit a completed CIL Additional Information Form and a completed Assumption of Liability Notice form alongside your planning application.  These forms provide the information required to determine the CIL liability for a development.  Failure to submit these forms will delay the validation of your planning application.  However, vaildation of your planning application without submission of this form does not necessarily mean that your development is not liable for CIL.

Please note: From 1st April 2015, Sandwell MBC will only accept this CIL Additional Information Form, or the most recent version of the equivalent form on the National Planning Portal website.  This is to ensure the Form submitted reflects amendments to the National CIL Regulations.

If you submit an older version of the form, Sandwell MBC will be required to request completion of the updated form.

CIL Examination

Following an independent Examination in November 2014, the Examiner's Report was received in December 2014.

CIL Consultations

Find out about previous consultations on the CIL.

Pages in "Sandwell Community Infrastructure Levy (CIL)"

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  2. Community Infrastructure Levy (CIL) planning application information