on each person requiring the payment of the levy. In the absence of a published instalment policy, CIL is payable in full within 60 days of the intended development commencement date (or on commencement, if no assumption of liability has been made) and each phase of a development is treated separately for these purposes.
The collecting authorities are responsible for the enforcement of CIL and have extensive, discretionary enforcement powers at their disposal. These include surcharges, late payment interest, stop notices, asset seizures and even imprisonment.
As far as spending the CIL receipts goes, authorities are not tied to any ‘wish-list’ of infrastructure prepared when drafting their charging schedule. As well as giving a free reign on what infrastructure is brought forward, the Regulations provide that CIL receipts can be used to reimburse expenditure already incurred and can also be used towards the administrative expenses of CIL. Receipts can be pooled with neighbouring
authorities for infrastructure with cross- boundary benefits.
Planning authorities are under no obligation to apply CIL receipts within a certain period of time or even to pass funds to third parties to facilitate the delivery of infrastructure (to the county council, for example, if they are purporting to charge for highway infrastructure). The result is great flexibility for the authority but uncertainty for the developer about when infrastructure will actually be delivered. It will be interesting to see how developers deal with this. It seems reasonable to expect greater resistance to Grampian or similar conditions that are dependent on the delivery of infrastructure. However, even without such conditions, the question of site marketability still remains.
The Government has expressed a desire that a meaningful proportion of CIL revenues are passed to local communities. Exactly how this will be achieved may be made clear in future amendments to the Regulations.
To conclude, the need to tackle the CIL system is all but an inevitability for local authorities. A good deal of guidance exists, but it is important to consider also the strict wording of the Regulations, which in some cases has already had unintended consequences. A number of authorities are already off the starting blocks and dealing with this system on a day to day basis – but making it work in practice, and result in the delivery of infrastructure that is so needed across the country, is certainly more of a marathon than a sprint.
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22
THE TERRIER - Summer 2012
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