You know what they say, “another year, another set of CIL amendments” (well, maybe nobody says that, but perhaps they should…).

The draft Community Infrastructure Levy (Amendment) Regulations 2014 were laid in Parliament this week and contain a number of proposed changes to the way in which CIL is set, calculated and paid, as well as changes relating to reliefs and the relationship between CIL and planning and highways agreements.

Some of the proposals that jump out as most noteworthy are:

  • allowing the phasing of CIL in relation to all planning permissions, not just outline consents
  • bringing forward the date of calculation of CIL in relation to full consents to the date on which permission is granted, rather than when all pre-commencement conditions are discharged (which must bring more certainty and clarity)
  • providing for CIL to be paid in kind, through the provision of infrastructure, if the charging authority permits this
  • introducing a mandatory relief for self-build housing and residential annexes and extensions
  • pushing back the restriction on the pooling of planning obligations to April 2015 and including reference to obligations in highways agreements
  • extending the ‘existing building’ credit to those buildings of which at least part has been in use for 6 months of the previous 3 years, rather than of the previous 12 months.