CIL, s106, viability and growth

RE: CIL operational practice on index figure for outline permissions

2026-04-01T14:14:31Z

No specific practice as such in the form of a protocol. However, the CIL regs reference both applying indexation as part of outline consents (when it is not necessary to provide outline floorspace figures) and when permission first permits development (on discharge of relevant planning conditions or signed S106 legal agreement). We have a recent case of a hybrid planning application comprising outline for major housing site with part of this in phase 1, as full application, and subsequent reserved matter approval would be needed for phase 2. So we have put index relating to the phase 1 part and remainder will be charged when reserved matters is approved. We have no details about the phase 2 floorspace so have no way of determining the CIL charge, but it seems reasonable to charge when this is duly consented.

Some further guidance from Government might help here, along with responses to addressing other practice issues looking at PAS pages here?

CIL operational practice on index figure for outline permissions

2026-03-25T10:34:04Z

Colleagues

I am collating current charging authority practice on the index figure used in CIL liability notices for outline permissions.

Please could you confirm your authority’s current operational practice for:

Outline permission followed by reserved matters, where the development is not phased
Outline permission followed by reserved matters, where the development is phased

For each scenario, which permission or approval date does your authority use in practice when fixing the index figure? Is it the outline or do you use the reserved matters date?

We are aware recent appeal decisions have highlighted a distinction between phased and non phased cases, which is why I have separated the question in this way.

Am not seeking views on legal interpretation. I am only seeking confirmation of current authority practice.

If possible, please also share one of the following:

a public link to your guidance

a redacted recent liability notice

or brief confirmation by return email from your work account to Stacey.Robins@wealden.gov.uk

Many thanks

Stacey - Head of Planning Wealden District Council

RE: CIL question

2026-03-15T07:56:05Z

1. Renovate the property as-is to make it livable.

2. Move in

3. Apply for the 85m sqr extension with CIL extension

4. The client doesn't have to live in it for 3 years this way, as there is no CIL liability and no need for an exemption.

5. There is no 'interpretation' required. This the safest way, as CIL liabilities are treated as revenue for planning departments

RE: CIL question

2026-03-09T06:47:19Z

It might be worth discussing the case further with the local authority or a planning consultant, as situations involving demolition and rebuild can sometimes be assessed differently depending on how the project is classified. If part of the existing structure is genuinely being replaced rather than creating entirely new floorspace, there may be some room to argue the net additional area. Also, documenting the reason for temporary absence (major refurbishment and a newborn) could potentially support a case, even if it’s not a straightforward exemption. A specialist CIL run 3 online adviser may be able to review whether any relief or reclassification is possible before the liability is finalized.

RE: CIL question

2026-02-09T17:04:26Z

Can they provide evidence of lawful use of the original and therefore offset that to 0 so that only the extension is liable? They could then apply for extension relief?

What does the planning description say?

CIL question

2026-02-06T13:19:20Z

A client bought a property at auction that they were planning to live in, refurbish and extend. The refurbishment works were more extensive than expected (once a surveyor have been appointed post-auction) therefore they decided to live in temporary accommodation whilst both the refurbishment and extension takes place.

Whilst CIL reads that it should apply to extensions and new build, they are needing to rebuild 100m2 and then extending by a further 85m2. The local council view is that the new build element is 185m2, of which 100m2 is being demolished and rebuilt therefore CIL is due on 85m2.

Self build exemption seems not to apply as it is not an entirely new build property. If it did, they are committing to be in the building for 3 years following completion which is not an issue

Residential exemption requires it to currently be their main residence so that doesn't apply either as the property is currently unoccupied due to the condition (it was being lived in six months prior to their purchase but they did not want to live in a building site with a 9 month old baby which is perfectly understandable).

I have seen mention of 'temporary absence' being used an exception, but can't find any explicit details on how they might claim temporary absence. Mould etc and a new baby seems like a reasonable reason for a temporary absence, even though this absence means they have never actually lived there.

Does anyone have any suggestions that might be able to help them? The CIL payment would be £30k so not a small amount. It doesn't feel right that if they build from scratch there is an exemption, if they just added the 85m2 extension there is an exemption but because they need to also rebuild some of the existing building that exemption disappears and they are then liable to the tune of £30k.

RE: S106 and CIL Spend for Merging Authorities

2026-02-02T10:31:46Z

Hi there,

I am watching this with baited breath.

In terms of S106. The contributions are negotiated based upon an underlying policy and would need to be spent in line with this (if the agreement is not specific enough). The new authority would not supersede this.

In terms of CIL I would imagine that anything that has been committed is secure but that it might be open house on other receipts.

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2026-01-23T11:20:57Z

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RE: S106 and CIL Spend for Merging Authorities

2026-01-22T09:55:45Z

Watching too with interest

RE: S106 and CIL Spend for Merging Authorities

2026-01-21T08:30:38Z

Does anyone have any experience of going through local government reorganisation into a new unitary authority and can advise on their experiences around any 'freeze' on CIL/s106 expenditure in the years before the new unitary authority comes into place?

Does the shadow unitary need to sign off on all CIL & s106 spending? If so, how does this work in practice?

How does it work where there is a clawback date for the spend of s106 money?

RE: Amendments to CIL Infrastructure List

2025-11-26T17:27:15Z

We provide an updated Infrastructure List as a part of our Annual Infrastructure Funding Statement. It is published via this route and checked and amended annually.

Amendments to CIL Infrastructure List

2025-11-17T17:46:45Z

Hi,

Have any CIL authorities recently gone through the process of amending the CIL Infrastructure List following the adoption of a CIL charging scheme?

If so, what prompted the changes? What process did you follow? Did you prepare any supporting evidence to assess any impacts on viability? Did you receive any challenges to the proposed changes?

Thanks

CIL and prudential borrowing

2025-10-20T09:13:21Z

Hi all

I wonder if anyone has come across this issue and how their council has dealt with it?

We have an approved methodology to invite bids for Strategic CIL funding on an annual basis. We’ve applied this process and had member approval to allocate CIL to some projects that met our criteria. There remain some funds in the Strategic CIL pot, which has been rolled forward to next year’s bidding round.

The council funds some schemes on its capital programme using prudential borrowing. Some of these are in progress or completed and the council is paying interest on the borrowing. Our finance dept want to use Strategic CIL to offset this borrowing on some of the schemes but we have not been provided with justification for how the schemes meet our CIL funding criteria.

I am unsure if CIL can be used in this way in any event. The legislation and guidance do not seem to cover this scenario.

Any views on this would be much appreciated.

RE: CIl information notice

2025-09-29T11:20:52Z

Do you mean CIL form 1? We put our processes on our website and require CIL Form 1 as a part of the validation process. The responsibibility is on the developer to be up to speed so I would ensure that your website covers the appropriate steps and point them in that direction.

RE: failure to amend a major planning application

2025-09-29T11:19:36Z

I would echo this. Let the planners/enforcement sort the planning out. Then issue the correct CIL notices based the approved applications.

RE: failure to amend a major planning application

2025-09-29T11:17:05Z

My understanding is that you carry pn with CIL under the application that they have told you that they have commenced and report the breach to enforcement/planners. They would then (I would think) be expected to regularise via a S73 and then the Regs specify processes for this.

CIl information notice

2025-09-25T14:02:28Z

Do you send applicants an information notice for all CIl liable applications or just applications relating to social housing relief?

If you do send anything out is it more like an "information pack" ie a CIL process guide - information about surcharges, appeals and all of the CIL forms.

failure to amend a major planning application

2025-09-25T12:45:20Z

If a major planning application was built out different to the approved plans and was only discovered by a inpromtu visit how would this affect the CIl.

it is a phased scheme and the part in question was cil liable due to the sq feet but now its residential with multiple units. They have already paid for this part of the phased development. Would they need to just pay any difference with a surcharge on an amended liability notice or would you make them pay again on a new scheme as the new units are finished and be on the market soon or both?

I couldnt find in the cil regs anything about failure to submit a section 73 (an amended scheme).

RE: CIL question (help)

2025-09-19T12:49:58Z

I was just wondering, if the planning application hasnt yet been determined, would it help if the scheme was split into two phases, so that each property is insulated from the other for CIL purposes?

From what I've seen of similar sites where a family has multiple self-build plots, it doesnt always go without a hitch - family members fall out with each other, or one wants to start their plot and the other one has second thoughts, or wants to hand it over to another family member after its commenced but they cant without losing their exemption - it can be a nightmare.

RE: CIL question (help)

2025-09-19T11:34:00Z

Thank you Stuart, that's what I thought I just was not sure regarding the Air b&b