The most recent set of amendments to the Community Infrastructure Levy Regulations 2010 have come into force yesterday.  The latest changes to the regulations address a variety of areas.  The changes include:

  • a new power to set differential rates by reference to intended floorspace or number of units at a development;
  • amendments to when CIL is calculated, so that full planning permissions will now be treated as first permitting development on the day that planning permission is granted, and outline permissions will be treated as first permitting development when the last reserved matter approval is granted;
  • greater clarity over the implementation of CIL for developments which are expressly envisaged to be phased;
  • amendments to social housing relief (allowing qualifying communal development to be included in the area which will qualify for relief);
  • the introduction of discretionary social housing relief for certain types of discount market sale housing;
  • the introduction of new “infrastructure payments” (a new type of in kind payment);
  • new procedures to credit monies paid where one permission is implemented, but a subsequent permission is then granted and constructed;
  • a new definition of “in-use building” which may attract credit towards the CIL charge to include buildings that have been in continuous use for six months in the preceding three years (replacing the previous rule which was for building in use for six months in the preceding 12 month period);
  • a new restriction on the use of highways agreements for infrastructure intended to be funded through the CIL charges; and
  • a deferral of the date restrictions on pooling s106 contributions will come into force by one year to April 2015.

Updated CIL guidance is expected to follow shortly, reflecting the latest amendments.

To view the latest regulations, please follow this link: