Planning obligations and Community Infrastructure Levy (CIL)
Planning obligations are secured under Section 106 of the Town and Country Planning Act (1990). This is a legal agreement between the council and the developer, which is negotiated when granting planning permission. It ensures that developers carry out or contribute financially towards infrastructure or services required by proposed developments. For example, new play areas for a new housing estate, or road improvements which will be needed.
A development may be subject to planning obligations if it:
- involves the creation of 10 or more dwellings
- involves the creation of 5 or more dwellings in rural areas
- meets the legal tests as set out in Regulation 122 of the Community Infrastructure Levy 2010 as amended:
a. necessary to make the development acceptable in planning terms
b. directly related to the development
c. fairly and reasonably related in scale and kind to the development.
Further information regarding planning obligations and our planning policies in relation to such considerations can be found on our planning policy page.
Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL) is a levy which we charge on many new developments. The CIL is charged per square metre on new development, based on their use and location. The CIL does not replace the need for planning obligations (S106) on larger developments, which will continue to be secured to cover measures that are needed to make a specific development acceptable, such as, but not exclusive to, access works, drainage and greenspace management, education, and affordable housing.
A development will be subject to the Community Infrastructure Levy if it:
- involves the creation of 1 or more dwellings (including conversion of a none residential property/structure)
- creates 100sqm or more of any type of new build gross internal floor space, (before making deductions for existing floor space that is to be demolished/converted). This includes development permitted by a 'general consent' (including permitted development)
- new build floorspace includes floorspace to be converted.
View more information on CIL on the planning portal website.