says Simon Owen, HTA Planning Associate
Community Infrastructure Levy should be a straightforward tax to implement - you get planning permission for a new building or floorspace and you pay towards community infrastructure. Simple?
However, one South London Council sought to impose CIL payments on a range of small external changes to an existing planning permission which had to be approved via S73 of the Town and Country Planning Act. The Council argued that as indexation had increased since the original planning permission, the applicant should pay the increase, which was a significant sum of money. We appealed to the Valuation Office and won the case for the client, a Housing Trust who need the funds to provide accommodation for older persons who need care and support.
The CIL regulations continue to be complex and open to interpretation and I am sure that this will not be the last time that an applicant receives a surprising and unwarranted CIL payment request from a Council.