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Community Infrastructure Levy (CIL)

Haringey's CIL

Haringey's Draft Charging Schedule consultation

The London Borough of Haringey’s Community Infrastructure Levy Draft Charging Schedule, is available to view and can be commented on from 26 April to 14 June 2013. This consultation has been extended from its original completion date of 24 May 2013.

The evidence base for the council's CIL proposals includes the emerging Haringey Local Plan Strategic Policies (formerly the Core Strategy), the Viability Report produced by BNP Paribas, and other documents which form part of the council’s planning policy evidence base.

You can view the LBH Draft Charging Schedule consultation document (PDF, 2MB), along with supporting documentation, including the BNP Paribas’ Updated Viability Study (April 2013) (PDF, 572KB), as well as appendix 1 (PDF, 963KB) and appendix 2 (PDF, 67KB), and the council’s most recent Infrastructure Delivery Plan (PDF, 181KB).

The documents are available to view between 9am and 5pm at:

  • 6th Floor
    River Park House
    225 High Road
    Wood Green
    N22 8HQ
  • Civic Centre
    High Road
    Wood Green
    N22 8LE

and all local libraries - please see the Libraries page for opening times.

For further information or if you have any questions in relation to the Preliminary Draft Charging Schedule please contact the Planning Policy Team on 020 8489 1479 or email ldf@haringey.gov.uk

Haringey’s Preliminary Draft Charging Schedule

The consultation for Haringey’s Preliminary Draft Charging Schedule closed on the 17 September 2012.

The council took into account representations made on the Preliminary Draft Charging Schedule in developing its Draft Charging Schedule. A report setting out the issues and responses to this consultation can be found here:

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What is the Community Infrastructure Levy?

Under the Planning Act 2008, the Community Infrastructure Levy (CIL) was introduced in April 2010. It is a new levy, which allows local authorities in England and Wales to fund infrastructure by charging on new developments, based on the size and type of the new developments in their area. The money can be used to support growth by paying for a wide range of infrastructure that is needed as a result of new development. This infrastructure will include things like parks, schools, community facilities, health facilities and leisure centres.

Both the Mayor of London and Haringey Council have the powers to raise a CIL.

The procedures for adopting and collecting a CIL and the changes to the section 106 system are set out in the CIL regulations, which have been produced by the Government. The various versions of the CIL Regulations and associated documents can be viewed on the Communities and Local Government (DCLG) website (external link). The Planning Advisory Service (PAS) (website - external link) has produced useful information about CIL.

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What is the Community Infrastructure Plan?

The Council’s Community Infrastructure Plan (CIP) provides an up-to-date list of infrastructure requirements in the borough. This document is being updated regularly, but the latest version can be found on the Core Strategy Submissions page in the Supporting Documents section. The infrastructure requirements outlined in the CIP form part of the evidence base that will be used to help to set the Council’s CIL.

Please visit this page regularly for up-to-date information of the Mayoral CIL and the process for delivering the Haringey CIL.

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The Mayor of London’s Community Infrastructure Levy

What is the Mayoral CIL?

In addition to a local authority setting its own Community Infrastructure Levy (CIL), The Mayor of London is also empowered to charge a CIL. The Levy is intended to raise £300 million towards the delivery of Crossrail.

The Mayoral CIL will take effect on developments that are granted planning permission on or after 1 April 2012.  It is important to note that:

  • Any development that receives planning permission on or after that date will have to pay, including:
    • Cases where a planning application was submitted before 1 April 2012, but not approved by then
    • Cases where a borough makes a resolution to grant planning permission (to allow a section 106 agreement to be signed, for example) before 1 April 2012, but does not formally grant permission until after that date
    • Cases where a planning appeal is decided after 1 April 2012, regardless of when the appeal was made

The Mayor has suggested that the London Borough of Haringey is appropriate for the second band of the proposed charging zone, which requires a £35 per sq m charge on net additional increase in floorspace of all developments (with some exceptions) equal to or over 100 sq m, or involve creating one dwelling even where this is below 100 sq m (although any net charge of less than £50 will not be collected). Further information on the Mayoral CIL can be found on the Greater London Authority's (GLA) website (external link).

As a London Borough, Haringey Council, is required to calculate, collect and enforce the Mayoral CIL. Haringey Officers are currently working towards ensuring that all the appropriate systems are in place, ready to collect the London Mayor's CIL from April 2012

The Mayor of London, together with Transport for London (TfL) has issued an important leaflet which provides information for all applicants - the CIL Information Leaflet (PDF, 24KB).

With respect to the information set out in the leaflet, please note the following:

  • LB Haringey is not responsible for setting the charges as listed in the above leaflet, as we are only going to collect the Mayoral CIL charges on behalf of the GLA. The Council is not responsible for the charge itself
  • The charges set out in the above leaflet and the Mayor’s Proposed Draft Charging Schedule have not yet been finalised and are subject to further changes following the Examiner’s Report, further to the recent EiP
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What types of development will be charged?

It will be paid by most new development which:
Has 100 square metres or more of gross internal floorspace or involves creating a dwelling even where this is below 100 square metres.

Charges on floorspace contained in existing and/or demolished buildings will usually be deducted from the total CIL liability, provided that the existing and/or demolished floorspace have been in continuous lawful use for at least 6 months during the 12 month period prior to the day on which planning permission first permits the chargeable development. This is to ensure that charging CIL does not discourage redevelopment of sites.

It is important when calculating the day on which planning permission first permits development to refer to the Community Infrastructure Levy Regulations 2010 as amended which is available to view on the legislation website (external link) as this date will be different for outline planning permissions, permissions which contain pre-commencement conditions and general consents.

Exemptions from CIL

The following types of development will usually be exempt from the payment of the Mayoral CIL:

  • Health and Education uses which are both zero rated in the Mayor’s draft Charging Schedule;
  • Social Housing provided by local Housing Authority, registered social landlord or registered provider of social housing and shared ownership housing subject to the specific provisions of Regulation 49 of the CIL regulations;
  • Charities where the development will be used for charitable purposes - See Regulation 43 of the CIL regulations;
  • Structures or buildings that people only enter for the purpose of inspecting or maintaining fixed plant or machinery

For information how to claim an exemption please see Relief and Exemptions below.

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Additional Information to be provided with your application

Determining Whether a Development may be CIL Liable

All planning applications must provide sufficient information to allow the council to determine whether the development is liable to pay the Mayoral CIL, and if so to calculate it accurately from the gross internal floor areas provided.

Please complete our determining whether a development may be CIL liable form (PDF 66KB) and submit this with your planning application. Please note that your application may not be valid if you do not submit this at the planning application submission stage.

If misleading or inaccurate information is provided this may result in a higher CIL charge and in some cases additional surcharges may be imposed. Applicant’s should  also be aware that it is an offence for a person to knowingly or recklessly supply information which is false or misleading in a material respect to a charging or collecting authority in response to a requirement under the Community Infrastructure Levy Regulations (2010) as amended. A person guilty of an offence under this regulation may face unlimited fines, two years imprisonment, or both.

Permitted Development

In some cases a permitted development may be of a scale to trigger the liability to pay the Mayoral CIL. In these cases it is the responsibility of the developer to serve a Notice of Chargeable Development (PDF 87KB) on the council before development is commenced.

The CIL Process

Once an application has been submitted the liable person(s) need to assume liability for the CIL charge. Responsibility to pay the levy runs with the ownership of the land, unless another party has assumed liability. An Assumption of Liability form (PDF 284KB) should be submitted to the council with the planning application or shortly after to ensure that the CIL liability notice is issued to the correct party.

Liability may be transferred at any time before commencement of the development. In such cases the following forms should be completed as appropriate to activate the transfer of liability:

In the event that the council is unable to recover CIL from a party that has assumed liability, the liability defaults to the owners of the land.

A CIL Liability Notice setting out the estimated CIL charge will be issued by the council as soon as practicable after the grant of planning permission, to the landowner or the party that has assumed liability, with a copy to the planning applicant.

Relief and Exemption

In the case of Social Housing and Charitable relief (see exemptions from Mayoral CIL for more information), applicants must complete a Claiming Exemption or relief form (PDF 177KB) and a decision will be made by the collecting authority before development commences.

Payment of CIL

Once the liability notice has been issued by the council, the parties liable to pay the charge must submit a Commencement Notice (PDF 49KB) confirming the start date of the development. This should be received by the council no later than a day before development is due to commence.

The council will then issue a Demand Notice reminding liable parties how much they owe and by when. The payment will generally be due in full at the end of 60 days after the development has started. The Mayor is expected to introduce an instalment policy for developments that attract a CIL liability in excess of £500,000. The Mayor of London's CIL website (external link) will set out details of the instalment policy.

If a development is liable for the Mayoral CIL payment is mandatory. There are strong enforcement powers and penalties for failure to pay, including Stop Notices, surcharges, late payment interest and prison terms.

Further information on the Mayoral CIL

More information on CIL collection and enforcement can be found on the Department of Communities and Local Government website (External Link).

Information on CIL Appeals can be found in the CIL Appeals Procedure Note (PDF 15KB).

Further information regarding CIL can also be found on:

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Contact Us

Address:
Planning, Regeneration and Economy
Level 6, River Park House
225 High Road,
Wood Green
N22 8HQ

Email: planningcustomercare@haringey.gov.uk

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