How CIL operates
The Community Infrastructure Levy helps fund infrastructure needed to support growth set out in the adopted Local Plan 2026.
Infrastructure can also be secured through planning obligations, planning conditions and highway agreements. The method we use depends on the type of development and the impact it may have.
How the Community Infrastructure Levy works
The Community Infrastructure Levy (CIL) is a mandatory charge on relevant development.
A development becomes liable for CIL if it meets both of the following:
- it is CIL liable under the Community Infrastructure Levy Regulations
- it falls under an adopted CIL Charging Schedule
CIL works differently from section 106 planning obligations. It applies automatically when a development is liable.
If CIL and planning conditions are the only requirements, CIL will not delay the decision on a planning application or the issue of a decision notice.
Other ways we secure infrastructure and mitigation
CIL operates alongside section 106 planning obligations. These can still be used, but their use is restricted.
Section 106 planning obligations can secure site-specific mitigation if they meet the legal tests in Regulation 122 of the Community Infrastructure Levy Regulations.
We can also use other legal methods to secure mitigation where there are no CIL restrictions. This includes section 278 highway agreements for works or changes to an existing highway.
Planning conditions can also be attached to a decision notice or other relevant notice. We use conditions when they are the most appropriate way to secure infrastructure or mitigation required by adopted policy.
This is most common when the works will be provided directly by you, either on-site or off-site, as identified during the planning application process.
Developments that may need to pay the levy
CIL does not only apply to developments by companies or the development sector.
Depending on the amount of floorspace, CIL may also apply to:
- permitted development works, including householder and other works
- householder development, such as extension planning applications
- self-build dwellings
- residential annexes
Minor development exemption
Small-scale proposals and works to buildings may be exempt from CIL if they create less than 100 square metres of new gross internal area.
To qualify, the development must meet the requirements of Regulation 42 and be classed as ‘minor development exempt’ for CIL purposes.
This exemption does not apply to:
- new dwellings, which are CIL liable whatever their gross internal area
- any annex that meets the definition of a ‘dwelling’ in the Community Infrastructure Levy Regulations 2010, as amended
Exemptions you may need to apply for
The Community Infrastructure Levy Regulations allow some developments to be exempt from paying CIL.
This can include:
- householder extensions that are not minor development and have 100 square metres or more of proposed gross internal area
- residential annexes
- self-build dwellings, whatever their size
These exemptions are not automatic. You must apply for them.
In some cases, you cannot apply for these exemptions.
If you do not pay the levy
CIL is a mandatory charge on development. If you do not pay it, this could lead to:
- locally imposed financial surcharges
- interest charges
- a Stop Notice, which can prevent further development until the CIL payment is made
- asset seizure
- imprisonment
Continued use of section 106 planning obligations
Under Regulation 122 of the Community Infrastructure Levy Regulations, a planning obligation may only be a reason for granting planning permission if the obligation is:
- necessary to make the development acceptable in planning terms
- directly related to the development
- fairly and reasonably related in scale and kind to the development
If section 106 planning obligations are needed, they must usually be secured before we release any relevant decision that permits works.
Other legal methods may also need to be secured before a decision is released. This includes highway agreements under section 278 of the Highways Act 1980.
Section 278 highway agreements can be entered into after planning permission is granted for certain works and financial contributions.
Infrastructure mitigation and delivery
Information about infrastructure mitigation and the impact of development can be found across the relevant planning pages on this website.
Infrastructure mitigation and delivery can include:
- affordable housing
- open space construction, ownership and management
- off-site contributions to open space, including Local Open Space, Major Open Space, formal play facilities, outdoor sport provision and allotments
- transport measures, such as travel planning, bus services and improvements to the existing highway network
- education
- community forest
- biodiversity net gain
- North Meadow Special Area of Conservation
Infrastructure statements
We may decide to add a requirement for an infrastructure statement to the planning validation checklist.
This would apply to relevant development proposals. If an infrastructure statement is required and you do not submit one, validation of your planning application may be delayed.
For more information, see the checklists for planning applications.
Section 278 agreements for highway works
Where infrastructure mitigation or works are needed on the existing highway network, we can use a section 278 agreement under the Highways Act 1980, as amended.
As the local highway authority, we can use these agreements to secure the delivery of highway works, financial contributions towards those works, or both.