Media Briefing note: CIL Amends Published

24 February 2014 - The Government has today published further amendments to the Community Infrastructure Levy Regulations (The Community Infrastructure Levy (Amendment) Regulations 2014).

The Amendments deal with a range of issues and reflect some of the practical difficulties which have arisen as developers and charging authorities have grappled with the complexities of the CIL regime.

Michael Gallimore, Head of Planning at Hogan Lovells, commented:

"A set of Regulations which were intended to be simple and transparent have now become one of the most complex and technical elements of the Planning system."

These amendments address further exemptions and reliefs, payments of CIL, the setting of CIL rates, the interaction between CIL and Section 106 and 278 Agreements and appeals. They come into force today.

Michael Gallimore added:

"These further amendments are to be welcomed as they address some of the practical difficulties which have arisen in what is a very complex and technical system. Bearing in mind that CIL was introduced in the hope of achieving a regime intended to be simple, transparent and easy to operate; lawyers and planners have faced real difficulties in applying the Regulations to real life development scenarios, particularly on large scale redevelopment projects.

The changes will help, particularly allowing phased payments on detailed as well as outline permissions and the new more flexible vacancy test. However, many questions remain - for example how effective the "payments in kind" provisions will be.  The test that the infrastructure provided must not be necessary to make the development acceptable seems to defeat the purpose of the amendment and most developers wishing to make payments in kind will not be able to comply with this test as the meaning of "necessary" currently stands."

Hogan Lovells will shortly be publishing a guide to CIL.

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