Revoking CIL? - Public forum - Planning Advisory Service (PAS)

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.