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