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Discretionary relief from CIL liability

The CIL Regulations (2010) as amended, make provision for a CIL Charing Authority (CA) to offer Discretionary Relief in certain circumstances.

These are:

  • Discretionary Relief for Charities (Reg. 44)
  • Discretionary Social Housing Relief (Reg. 49A)
  • Discretionary relief for Exceptional Circumstances (Reg. 55)

CIL Discretionary Relief is not currently available for any of the three options listed above. The CA does have the power to set its own local criteria under which Exceptional Circumstances Relief may be made available in addition to the regulatory requirements.

The CIL Regulations 2010 (as amended) make provision for the CA to switch on and off the availability of the different types of Discretionary Relief, subject to a regulatory procedure being followed. More information on the type of development and who may be eligible to benefit from the availability of the different types of Discretionary Relief is set out in detail in the CIL Regulations 2010 (as amended).

In the event that a development proposal may come forward for which, as a prospective developer, the availability of a Discretionary Relief may be appropriate to support a specific scheme, please approach the Local Planning Authority via the CIL Team in the earliest conception stage. Any opportunity to benefit from the availability of Discretionary Relief will be lost if a planning application is submitted before that discretionary relief is made available by the CA.

Access to the CIL Regulations 2010 (as amended), and the subsequent amendment Regulations is available via the Regulations and CIL Advice webpage.

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