Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL) is a planning charge, introduced by the Planning Act 2008, as a tool for local authorities in England and Wales to help deliver infrastructure to support the development of their area. It came into force on 6 April 2010 through the Community Infrastructure Levy Regulations 2010. It was left to the discretion of local planning authorities as to whether to introduce CIL and how it relates to Section 106 (s106) funding. In Warwickshire, CIL has been adopted by:
Although we are not a CIL charging authority, we will work with local planning authorities regarding how CIL is spent.
CIL differs from s106 as it is charged on all scales of development and may be spent on infrastructure projects which aren’t related to the development for which it was collected.
S106 agreements
Planning obligations under Section 106 of the Town and Country Planning Act 1990 (as amended), make a development proposal acceptable in planning terms, that wouldn't otherwise be acceptable. They are known as s106 agreements. The agreements focus on site specific mitigation of the impact of development. S106 agreements are often referred to as 'developer contributions' along with highway contributions and the CIL. Obligations on developers secured through a s106 agreement must meet certain regulations to be acceptable in planning terms, as set out in the Community Infrastructure Levy Regulations 2010. These regulations are:
- necessary to make the development acceptable in planning terms
- directly related to the development
- fairly and reasonably related in scale and kind to the development
Section 278 (s278) agreements
As a highways authority we will try to secure mitigation via a s278 agreement wherever possible and appropriate.
More detail about s278 agreements can be found in the Warwickshire Design Guide (to be published shortly).