CIL has largely replaced the use of Section 106 provisions as the principle mechanism from which the Council can collect tariff style finance from most new development towards delivering infrastructure the Borough needs to support growth. CIL is not intended to pay the cost of all infrastructure but will supplement other funding streams.
In 2013 Borough of Poole were one of the first local authorities to introduce CIL and these rates are now being reviewed. We commissioned viability work to assess the current market conditions and identify new CIL rates. Having sought your views on whether these rates are deliverable and will not unduly burden landowners and developers from bringing sites forward your comments have now been considered by Officers.
The consultation on the Preliminary Draft Charging Schedule ran from 16 February to 31 March 2015. As part of the consultation 1,712 consultees from the planning consultation database were contacted as well as 1,967 recipients of the Planning and Regeneration govdelivery e-bulletin. Nearly 40 responses were received from residents, community groups and representatives from the development industry. The timescale for the remainder of the CIL Review is:
Public Consultation on Draft Charging Schedule - January 2016
Submission of Charging Schedule for Examination - Spring 2016
Examination in Public - Summer 2016
Adoption of new Charging Schedule - September 2016
The various stages through to implementation of the current adopted CIL Charging Schedule are outlined below:
This consultation ran from 27 July to 9 September 2011 and the responses received informed the Draft Charging Schedule. This was accompanied by a viability study.
This consultation ran from 19 December to 3 February 2012 and the responses received informed the Submission Charging Schedule. This was accompanied by a supplementary viability study.
The Submission Charging Schedule was submitted to the Secretary of State on 1 March 2012 with a Public Examination heard on 13 June followed by the Examiner's Report on 31 July.
The Examiner concluded that the Council had sufficient evidence to support the schedule and showed that the levy was set at a level that will not put the overall development of the area at risk. The one modification needed for the schedule to meet the statutory requirements was to delete the CIL rate of £200 per square metre for superstores.
At the Council meeting held on 18 September 2012, the Borough of Poole formally adopted it's CIL Charging Schedule with this being implemented on 2 January 2013.
Frequently Asked Questions
What types of development require a CIL payment?
The adopted Charging Schedule applies CIL rates only on proposals that create new dwellings. All other development types are therefore set a £0 per square metre CIL rate.
What are the CIL rates and how is CIL calculated?
The Charging Schedule sets three different rates on new dwelling development in Poole depending on which part of the borough the development is in. The rates are:
- Charging Zone A - £150 per square metre
- Charging Zone B - £100 per square metre
- Charging Zone C - £75 per square metre
You can find out which CIL zone your development site falls in by using the Council’s Your Poole interactive mapping service. Once in Your Poole, you will need to do the following:
- Type the address details into the address search fields
- Select the site from the list of addresses – this will appear on the map
- Select the ‘Interactive Mapping’ tab
- Select the ‘CIL Zones’ layer – this will then show the applicable CIL Zone to the site on the map
Please note that all Liability Notices will be adjusted in accordance with the national All-in tender Price Index for the given year. A further explanation of the CIL calculation process, including what floorpsace should and should not be included, can be found on pages 6-13 of our CIL Guide for Developers and Applicants (available from the downloads column).
When do I pay CIL?
CIL is payable upon commencement of development. Any CIL payment up to £75,000 can be paid in two instalments with full payment due 360 days from commencement of development, and any CIL payments greater than £75,000 can be paid in four instalments with full payment due 720 days from commencement of development. This is laid out in further detail in the adopted Instalment Policy.
What forms do I need to submit and when?
The CIL Regulations set out a clear statutory process for the collection of CIL that both applicants and the Council must follow. This process requires the submission of a number of standard forms by the applicant and the issue by Borough of Poole of a number of statutory notices. For an overview of each form and when it should be submitted please see pages 13-15 of our CIL Guide for Developers and Applicants (available from the downloads column).
The Planning Portal have created a CIL webpage that includes an in depth explanation of CIL together with the relevant CIL administration forms and guidance notes and it is recommended that applicants refer to this page prior to making a planning application for development. The Planning Portal forms required to administer CIL can be found at the bottom of the Planning Portal CIL page under the heading 'Download the forms'.
The Planning Application Additional Information Requirement form can be downloaded from the same page under the heading 'Additional information required when making a planning application'.
What if I think the CIL charge for my development is incorrect?
Please contact us at firstname.lastname@example.org with 'CIL Review' followed by your planning application number in the subject box to discuss this with us. To find out how to formally appeal against your CIL charge please see page 20 of our CIL Guide for Developers and Applicants (available from the downloads column).
What if I don't pay or don't follow the correct steps?
Where the Council’s CIL payment procedure is not followed there are a number of provisions that enable the application of surcharges and ensure the effective enforcement to recover CIL monies once there is a delay within the collection process. The Borough's Enforcement Procedures Guidance Note provides an easy to read summary of Part 9 Enforcement of the CIL Regulations 2010 (as amended) identifying the penalties and enforcement powers that will be taken by the Council.
Can I claim relief or exemption from paying CIL?
CIL will in most cases be a fixed non-negotiable charge on development. However, different forms of relief and exemptions are available to give relief from paying CIL. Further information regarding these can be found on the Planning Practice Guidance website and pages 17-19 of our CIL Guide for Developers and Applicants (available from the downloads column). It is important to complete the correct forms when applying for relief or exemption and be fully aware of any disqualifying events that will require the full CIL to be paid.
What does my CIL payment get spent on?
The infrastructure projects that are to be funded through CIL, either in whole or in part, are identified on an approved Regulation 123 list. To ensure that the levy is open and transparent the annual breakdown of CIL spending can be found in the latest CIL Monitoring Report.