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CIL Calculation

Please note that as of 1 April 2019, pre-application advice for Community Infrastructure Levy (CIL) is a charged service. You can find out more information on the pre-application pages of the website

Which rate applies?

The amount of CIL per square metre is detailed in the CIL Charging Schedules for Babergh and Mid Suffolk councils. These rates are subject to indexation. As from January 2020 the CIL Rate will be fixed.

There are different rates for different types of development and different locations within the districts (high and low zones).

CIL is payable on Permitted Development as well as planning permission development when building work starts.

All new buildings over 100m² (gross internal area) and all new dwellings (including holiday lets) regardless of size must pay CIL.

CIL does not apply to buildings which people do not normally go into or which people only enter intermittently for the purposes of inspection or maintenance. CIL also does not apply to structures which are not buildings, such as pylons or caravans.

Mid Suffolk and Babergh charge for new dwellings, residential extensions (including garages), residential annexes, and convenience retail development.

Details of the CIL charge for these types of development are set out in the adopted Charging Schedules.

Other types of development (including specialist older persons dwellings) are liable to pay CIL but are charged £0 per square metre.

Using these schedules, you can work out the approximate amount of CIL that will have to be paid:

 

How to calculate CIL

You pay a fixed rate per square metre of the new floor space in your building. Once you have identified the rate from the Charging Schedule you can calculate your CIL charge.

Indexation will be applied to the approved levy rates automatically when we calculate your CIL.

There may be deductions for the reuse or demolition of existing buildings and your development may also be eligible for relief or exemption from CIL.

Your CIL charge may be reduced if your development site includes existing buildings that are in lawful use and which are to be demolished or to be reused as part of your development.

This guide explains what a lawful in-use building is and how the floor space of lawful in-use buildings is deducted from your CIL charge.

The Local Authority does not make any direct supply of goods or services to the applicants and the CIL charge is levied in £ / m2 on the net additional increase in floorspace. This means that CIL payments are exempt from VAT. 

 

What is a CIL lawful in-use building?

Firstly, the building must be a ‘relevant building’ – it must exist on the land shown within the red line site plan of your planning permission on the day permission first permits your development.

Previously demolished buildings are not relevant buildings.

Secondly, the building, or part of the building must have been used for a lawful use for at least six months, without a break, in the three years ending on the day planning permission first permits your development.

 

When is the day planning permission first permits development?

This is the date of the planning permission in most cases but may be a later date in the case of outline or phased planning permissions. Please ask if you are unsure.

 

What is lawful use?

To be lawful a use must be one of the following:

  • Permitted by the council or the Planning Inspectorate after you have submitted a planning application / appeal (express permission)
  • Permitted automatically by legislation without the need for an application (deemed permission). Examples include Permitted Development, a Local Development Order or a Neighbourhood Development Order
  • A use that is not development and so does not need planning permission, for example agricultural use
  • A use that was being carried out on 1st July 1947 and has been continued without a break since then and with no later change or permanent stopping of the use (abandonment)
  • A use that you have a Certificate of Lawfulness for, issued by the council or the Planning Inspectorate after you have submitted an application or appeal

 

When is a building in-use?

A building is in use for CIL purposes when the lawful use is being actively carried on. This follows the High Court judgement of R(Hourhope Ltd) v Shropshire Council [2015] EWHC 818 Admin. This judgement said the building must be used for its lawful use - not just that it has a lawful use which could be carried on.

Whether a building is in use at any time depends on all the information and evidence of what activities take place and what the intentions of the persons using the building are.

The amount of activity that you must prove will depend on the type of use and whether the use has stopped. The latter depends on the length of time and reasons for the break in-use and the intentions of the property users.

 

How is lawful in-use demonstrated?

It is your responsibility to provide evidence to the council that building is in lawful use. This means that the building (or part of) has been in use for at least six months. This use must be without a break, in the three years ending on the day planning permission first permits your development.

Evidence may include proof of:

  • Business Rates / Council Tax payments
  • Photographs showing the building in the use claimed
  • Sworn statements from people who can confirm the use claimed
  • Utility or other bills relating to the use claimed

 

What if the use is unclear?

The council may ask for more evidence of the use if this is not clear. If there is not enough information to prove the building(s) are lawful in-use buildings we may not count the floorspace of the building(s) as a deduction from your CIL charge.

 

CIL exemption and relief guidance

Some types of development may be eligible for a discount from the CIL charge, known as relief or exemption. You must be able to meet certain conditions and you must apply in a set way.

For more information on eligibility and how to apply please select the guidance for the type of exemption / relief you would like to claim:

  1. Overview
  2. residential extension or annex
  3. self-build dwellings
  4. exemption for charities
  5. social housing relief

Babergh and Mid Suffolk are not currently offering discretionary charitable relief, discretionary social housing or exceptional circumstances relief.

CIL is managed through the exchange of statutory notices. The CIL Quick Guide explains the process through FAQs and an overview diagram.

 

Instalments

The CIL Regulations set a default requiring full payment of the Levy charge within 60 days of the commencement of the chargeable development. In order for Instalments to be applied the completion of a Form 2 - Assumption of Liability will be required.

Regulation 69B of the Community Infrastructure Levy Regulations 2010 (as amended) allows a Charging Authority to establish an Instalments Policy for more flexible payment arrangements.

Instalments Policy Babergh District Council

Instalments Policy Mid Suffolk District Council

Late payment of a CIL charge means any instalment plan is lost and all remaining CIL liability (all instalments) will then become due in full immediately. The section on 'Paying CIL and CIL Surcharges' provides more details of how to pay and penalties which apply under the Regulations.

If you have any questions please contact us by telephone on 01449 724563 or email the Infrastructure Team