Revoking CIL?

RE: Revoking CIL?

2017-07-05T10:37:39Z

See the following which is taken from the Planning Practice Guidance website https://www.gov.uk/guidance/community-infrastructure-levy

Can authorities stop charging the levy?

A charging authority that wishes to stop charging the levy may do so at any time by making a formal resolution to do so. If an authority ceases to charge, any levy liability relating to a development that has not yet commenced will be dissolved, and no levy will be payable for it. See regulation 7, and section 56(4) of the Town and Country Planning Act 1990, for the definition of ‘commencement of development’.

In London, where there may be more than one charging authority for any area, if one charge ceases, development will still be liable for the remaining charge

Paragraph: 044 Reference ID: 25-044-20140612

Revision date: 12 06 2014

RE: Revoking CIL?

2017-07-05T10:03:42Z

I would get some legal advice on this. - Thinking it through

The only statutory mechanism within the regs I can think of is

1) CIL review which looks at the infrastructure deficit which justified CIL in the first place and the viability position.

2A) If the infrastructure deficit needed to implement the Local Plan no longer exists (or you have identified other means of addressing it)

AND/OR

2B) The viability position has changed to the extent that CIL can no longer be supported

3) Undertake an accelerated CIL process proposing a CIL rate of zero

Although no-one in the development industry is likely to challenge the withdrawal of a CIL, there may well be opposition both from Infrastructure Providers and from Parish Councils and recipients of the Neighbourhood proportion. If the withdrawal of CIL can be shown to have implications for the deliverability of your plan, it may have wider implications.

You will also need to consider what to do with CIL reciepts already collected and existing liabilities.

If you seek to withdraw CIL by another means (for example by a resolution of Council) and that decision is successfully challenged in the Courts (for example by a Parish Council in an area where major development was proposed), you will also need to think about what you will do about trying to recover CIL that should have been collected and wasn't during the challenge period.

Given the conclusions of the CIL review, and the prospect of major change for the CIL regime, it might be more sensible to wait.

Revoking CIL?

2017-07-04T15:19:44Z

If as a local authority a CIL Charging Schedule has been adopted and implemented is there an option to reverse or revoke the decesion? There doesn't seem to be anything in the regs. If so what would the process be? Thanks.