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The Council has to adopt a consistent and fair approach to its administration of the CIL Regulations The Planning Act 2008
The Council has to adopt a consistent and fair approach to its administration of the CIL Regulations.
CIL is a levy provided for by s.205 of the Planning Act 2008 ("the 2008 Act"). In s.205(2) the overall statutory purpose of CIL is “to ensure that costs incurred in supporting the development of an area can be funded (wholly or partly) by owners or developers of land in a way that does not make development of the area economically unviable.” This purpose was reiterated by Thornton J in Lambeth LBC v SSHCLG [2021] PTSR 1606 at [1].
By s.206 the local authority, described as the “charging authority”, has a discretion on whether to introduce CIL in its area. The scheme is therefore clear that the decision to introduce CIL is discretionary, but if it is introduced then there are detailed provisions to follow set out in the Regulations.
S.208 deals with liability for CIL, and states that liability arises on the commencement of development:
A person who assumes liability for CIL before the commencement of development becomes liable when development is commenced in reliance on planning permission.
CIL regulations must make provision for an owner or developer of land to be liable for CIL where development is commenced in reliance on planning permission if—
nobody has assumed liability in accordance with the regulations, or
other specified circumstances arise (such as the insolvency or withdrawal of a person who has assumed liability).
S. 222 provides for the making of Regulations, subject to the negative resolution procedure. S.222(1)(d) provides that Regulations “may confer, or allow a charging schedule to confer, a discretionary power on the Secretary of State, a local authority or another specified person”.
The Claimant commenced judicial review proceedings on 25 February 2025.
- Heading
- Section 1
- Factual Background
- First […] on the correct interpretation of the Community Infrastructure Levy Regulations 2010 (“the CIL Regulations”) Mr Luck remains liable to pay CIL in respect of the development that was commenced
- As a result of the implementation of the development permitted under 16/00800/FUL and the subsequent occupation of the outbuilding by Mr Luck pursuant to that permission, the subsequent development pe
- The Council has to adopt a consistent and fair approach to its administration of the CIL Regulations The Planning Act 2008
- The Community Infrastructure Levy Regulations 2010
- The Caselaw
- Submissions
- Ground One
- Ground Two
- Conclusions