Stratford-on-Avon District Council (SDC) is a charging authority and a collecting authority and may therefore charge and collect Community Infrastructure Levy (CIL) in respect of development in its administrative area.
Following examination by an independent examiner, SDC adopted its CIL charging schedule on 11 December 2017, with it becoming effective on 1 February 2018. This means that a flat fee can now be charged for each square metre of floor area in new eligible residential - and some retail - developments granted planning permission from 1 February 2018.
The charging schedule identifies which types of development are liable to pay CIL and a number of different levy rates that apply in various locations (shown on maps). These rates are informed by local evidence regarding infrastructure requirements and the impact of a levy on the economic viability of development. These aspects were scrutinised during the Examination. CIL replaces Section 106 planning agreements for many forms of infrastructure, although Section 106 agreements can still be used for site-specific mitigation and to provide affordable homes.
There is a need to index link CIL contributions in order to keep the levy responsive to market conditions. The requirement to apply an index of inflation is set out within Regulation 40 of the CIL Regulation 2010 (as amended). The regulations require the charges to be index linked to the national All-in-Tender Price Index of construction costs, published by the Building Cost Information Service of the Royal Institute of Chartered Surveyors.
SDC has prepared a User Guide to assist applicants in understanding the CIL process. The guide works through different examples of when and where CIL charges may or may not apply and how CIL is calculated. It also provides answers to some frequently asked questions (FAQs). An explanation of the CIL forms is included, with links to all of the required forms. These forms are standard national forms used by all local authorities and are hosted by the Planning Portal.
As the CIL charging authority, SDC must identify projects or types of infrastructure that are to be funded in whole or in part by the levy. The council's Regulation 123 list (appendixed to the charging schedule) identifies items of infrastructure that CIL receipts will be used towards - i.e. helping to fund the infrastructure needed to support development.