Community Infrastructure Levy (CIL)

The Community Infrastructure Levy (CIL) is a charge based on the floorspace of new buildings to help fund infrastructure needs arising from new development. CIL runs alongside Planning Obligations (Section 106).

We consulted on a partial review of the Haringey CIL Charging Schedule from Wednesday 18 December 2019 to Tuesday 11 February 2020. Further information is provided below.

We are currently consulting on amendments to the CIL Governance document relating to Neighbourhood CIL (NCIL) spending to allow the council to consider redistributing NCIL more fairly across the borough. You can submit your comments from Monday 3 February to Monday 9 March 2020. 

• Haringey CIL Charging Schedule and Annual Rate Summary
• Partial Review of Haringey's CIL Charging Schedule
• The Mayor of London's CIL
• Spending CIL and Annual Reports
• Neighbourhood CIL (NCIL)
• What does and does not pay CIL?
• CIL procedures and forms
• Contact Us
• Useful external links

Haringey's CIL Charging Schedule and Annual Rate Summary

Haringey’s CIL Charging Schedule was approved on 21 July 2014 and took effect on 1 November 2014. The Annual CIL Rate Summary shows how the rates have been ‘indexed’ for inflation over time:

• CIL Charging Schedule including Annual CIL Rate Summary for 2020 (PDF, 393KB)

Partial Review of Haringey's CIL Charging Schedule

In 2016 a review of Haringey’s CIL rates was initiated. The council commissioned updated viability evidence which indicated that there was potential to increase CIL rates in the south east of the borough. A Preliminary Draft Charging Schedule consultation document 2017 (PDF, 457KB) was subsequently published for consultation in March 2017 proposing an increase to the council’s adopted CIL rate for residential development in the south-eastern part of the borough. The rest of the Charging Schedule remained unchanged.

In early 2019 the council commissioned specialist consultants BNP Paribas Real Estate to update viability evidence in relation to the CIL rates in the east of the borough. Having regard to the updated viability evidence, a Draft Charging Schedule has been prepared for public consultation. This sets out proposed changes to the council’s CIL rates in the east of the borough. The key change is an increase in the residential CIL rate from £15 per square metre to £50 per square metre.

The Draft Charging Schedule also proposes an increase in the CIL rate for student accommodation from £15 per square metre to £85 per square metre. In addition, it introduces CIL charges for two new specialist housing uses which are Build to Rent at a rate of £100 per square metre and warehouse living at £130 per square metre. The Council considers that the proposals strike an appropriate balance between raising additional investment to support development and the potential effect on the viability of developments.

This was the last stage of consultation on the Charging Schedule before it is submitted for examination.

Consultation on Draft Charging Schedule and associated documents

The council consulted on the following documents:

• Haringey CIL Draft Charging Schedule November 2019 (PDF, 186KB)
• CIL - Eastern Haringey Viability Update Study prepared by BNP Paribas - October 2019 (PDF, 2.4MB)
• Haringey Infrastructure Delivery Plan Update - 2016 (PDF, 644KB)

These documents may also be viewed at our offices, 6th Floor River Park House, 225 High Road, N22 8HQ and all libraries within the borough during opening times.

Comments on the Draft Charging Schedule and associated documents were accepted from Wednesday 18 December 2019 to Tuesday 11 February 2020. Responses are now being considered and will be reported back here later this year.

As part of the consultation, the council was required to publish a Statement of the Representations Procedure. This can be downloaded below:

• Statement of the representations procedure (PDF, 22KB)

For further details, please contact the Planning Policy Team on 020 8489 5965 or email ldf@haringey.gov.uk.

Guidance on consultation responses

The Draft Charging Schedule proposes changes to CIL rates in the Eastern Charging Zone only. The rates in the Western and Central Charging Zones are unchanged and have not formed part of the review carried out by the council, but will continue to increase by inflation. Consultation responses should therefore be focused upon the Eastern Charging Zone.

The CIL Regulations 2010 (regulation 14) require that in setting rates the council must strike an ‘appropriate balance’ between:

1. the desirability of funding from CIL (in whole or in part) and the actual and expected estimated total cost of infrastructure required to support the development of its area, taking into account other actual and expected sources of funding; and
2.  the potential effects (taken as a whole) of the imposition of CIL on the economic viability of development across its area.

Responses to the consultation should therefore focus on whether the council has struck an appropriate balance between viability and infrastructure funding.

The spending of CIL is outside the scope of this consultation. The CIL Charging Schedule updated with Governance and revised Reg 123 (PDF, 685KB) (2017) sets out the council's adopted processes for the spending of the CIL that it collects. The council held an initial consultation on the spend of Neighbourhood CIL (NCIL) in 2018 and is planning a further consultation in early 2020.

All comments received as part of this consultation will be submitted to the Examiner. You can request to be heard by the Examiner and to be notified when the Draft Charging Schedule is submitted to the Examiner, when the Examiner’s report is published and when the Charging Schedule is approved by the council.

Previous consultation on Preliminary Draft Charging Schedule

The council consulted on a Preliminary Draft Charging Schedule from 10 March 2017 to 21 May 2017. The Preliminary Draft Charging Schedule, supporting documentation and consultation report can be downloaded below:

• Preliminary Draft Charging Schedule consultation document 2017 (PDF, 457KB)
• LB Haringey Eastern CIL Zone Viability Review Report (PDF, 1MB)
• CIL Preliminary Draft Schedule Consultation Report - July 2017 (PDF, 570KB)

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The Mayor of London's CIL

The Mayor of London’s CIL Charging Schedule (Mayoral CIL 1 or ‘MCIL1’) took effect in April 2012 and this was superseded by a new CIL Charging Schedule (Mayoral CIL 2 or ‘MCIL2’) in April 2019, both covering the whole of London.

• Mayoral CIL webpage (external link) - including Charging Schedules and Supplementary Planning Guidance (SPG)

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Spending CIL and Annual Reports

Mayoral CIL (external link) may be spent on Crossrail (the Elizabeth Line) and Crossrail 2. Haringey CIL must be spent in accordance with its CIL Governance document:

• CIL Charging Schedule updated with Governance and revised Reg 123 (PDF, 685KB)

Essentially, Haringey CIL can be spent on:

• Strategic CIL (SCIL) – up to 70-80% of CIL may be spent on ‘infrastructure’ to support new development in accordance with the Regulation 123 List and detailed criteria - see CIL Charging Schedule updated with Governance and revised Reg 123 (PDF, 685KB)
• Neighbourhood CIL (NCIL) – 15-25% of CIL may be spent on ‘Neighbourhood CIL’ projects (see below)
• Administrative expenses – up to 5% of CIL may be spent on the costs of collecting and spending CIL

Haringey’s CIL collection and spending is reported on an annual basis in the report below and in the Council’s Authority Monitoring Report.

• Annual CIL Reports 2014/15 to 2018/19 (PDF, 240KB)

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Neighbourhood CIL (NCIL)

15% of CIL may be spent on ‘Neighbourhood CIL’ (NCIL) projects. This increases to 25% where there is an adopted Neighbourhood Plan. NCIL may be spent on ‘infrastructure’ or ‘anything else that addresses the demands that development places on an area’.

The process for deciding how the council spends NCIL is set out in its CIL Charging Schedule updated with Governance and revised Reg 123 (PDF, 685KB). NCIL spend projects must be decided following consultation with local people:

We are consulting on changing the CIL Governance document to allow the council to consider redistributing NCIL more fairly across the borough. This could mean spending NCIL in a different area to where it was raised. You can submit your comments from Monday 3 February to Monday 9 March 2020.

• Please see our dedicated NCIL page for more information

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What does and does not pay CIL?

CIL may be payable on developments which create net additional floorspace where the gross internal area (GIA) of new build exceeds 100 square metres or involves creating a dwelling.

Existing floorspace may be netted-off as part of the CIL calculation, provided that the existing floorspace has been in continuous lawful use for at least 6 months during the 3 year period prior to planning permission.

The following types of development will usually not be liable, be exempt or qualify for relief from paying CIL (subject to meeting the detailed exemption/relief criteria):

• Development of less than 100 square metres, unless the development creates a new dwelling;
• Uses which have a nil rate in the Charging Schedules, such as health and education uses;
• Social / affordable housing ;
• Charitable development ;
• Structures or buildings that people do not normally go or only enter for the purpose of inspecting or maintaining fixed plant or machinery;
• Structures which are not buildings, such as pylons or wind turbines;
• Mezzanine floors which are added to an existing building unless they form part of a wider planning permission;
• Self build homes;
• Residential annexes or extensions; and
• Development that results in a CIL liability of less than £50.

For information how to claim exemption or relief please see Claiming Exemption or Relief below.

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CIL procedure and forms

If you are liable for CIL you have important statutory responsibilities as set out in national legislation and guidance:

• GOV.UK – National Planning Practice Guidance – CIL (external link)
• Planning Portal – CIL (external link)

There are 6 key steps:

Step 1: Submit a planning application with a CIL Form

CIL Form 1 is required to be submitted with your planning application as set out in the council’s Validation Checklist.

• CIL Form 1 (external link)
• CIL Form 1 Guidance (external link)

Step 2: Planning permission and the CIL Liability Notice

When planning permission is granted, the council will issue a CIL Liability Notice, clarifying the amount of CIL that is liable for that development.

Step 3: Who is liable for CIL and the Assumption of Liability Form

Responsibility to pay CIL runs with the ownership of the land, unless another party has assumed liability. An Assumption of Liability form must be submitted to the council before the development commences.

• CIL Form 2: Assumption of Liability (external link)
• CIL Form 3: Withdrawal of Assumption of Liability Form (extenal link)
• CIL Form 4: Transfer of Assumed Liability Form (external link)

This step may be taken alongside any earlier steps.

Step 4: Claiming Exemption or Relief from CIL

Exemption or Relief from CIL for Social Housing, Charitable Development, Self Build, Residential Annexes or Residential Extensions must be applied for by completing the relevant form and a decision on the Exemption or Relief must be received from the Council before development commences on site.

• CIL Form 7: Self Build Exemption Claim – Part 1 (external link)
• CIL Form 7: Self Build Exemption Claim – Part 2 (external link)
• CIL Form 8: Residential Annex Exemption Claim (external link)
• CIL Form 9: Residential Extension Exemption Claim (external link)
• CIL Form 10: Charitable and/or Social Housing Relief Claim (external link)
• CIL Form 13: Further Exemption Claim (external link)

This step may be taken alongside any earlier steps.

Step 5: Commencing development and the CIL Demand Notice

A Commencement Notice confirming the start date of the development on site must be received by the Council before development is due to commence on site.

• CIL Form 6: Commencement Notice (external link)

After the commencement date the Council will issue a CIL Demand Notice detailing the amount payable.

Step 6: Paying CIL

The payment will generally be due in full at the end of 60 days after the development has commenced on site. It may be possible for payment to be made in instalments if our policy allows for this.

• Instalments Policy - within CIL Charging Schedule updated with Governance and revised Reg 123 (PDF, 685KB)

If a development is liable for 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.

Appeals

• GOV.UK - Appeal a CIL notice (external link)
• GOV.UK - CIL: How to make an appeal (external link)

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Contact Us

Address:

Planning Service
Housing, Regeneration and Planning
Level 6, River Park House
225 High Road,
Wood Green
N22 8HQ

Email cil@haringey.gov.uk
Contact us online

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Useful external links

• GOV.UK – National Planning Practice Guidance – CIL
• Planning Portal – CIL
• Planning Advisory Service - CIL
• Mayor of London – CIL

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