Community Infrastructure Levy: Exemptions

Ministry of Housing, Communities and Local Government written question – answered on 15th December 2020.

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Photo of Matthew Offord Matthew Offord Conservative, Hendon

To ask the Secretary of State for Housing, Communities and Local Government, what guidance his Department has issued to local authorities in the event that a planning applicant indicates they have an exemption from the Community Infrastructure Levy but do not supply evidence.

Photo of Matthew Offord Matthew Offord Conservative, Hendon

To ask the Secretary of State for Housing, Communities and Local Government, whether a local authority must rescind a liability notice for a Community Infrastructure Levy when the planning applicant having started construction subsequently provides evidence of exemption.

Photo of Matthew Offord Matthew Offord Conservative, Hendon

To ask the Secretary of State for Housing, Communities and Local Government, if he will introduce an independent arbitrator for disputes between local authorities and planning applicants over exemption from a Community Infrastructure Levy.

Photo of Christopher Pincher Christopher Pincher Minister of State (Housing, Communities and Local Government)

Guidance on the application of the Community Infrastructure Levy (CIL) has been published by the Government and is available at https://www.gov.uk/guidance/community-infrastructure-levy. This explains the eligibility to claim an exemption from the Levy and the regulatory processes that must be followed by the applicant in applying for, obtaining and maintaining an exemption. It also explains the steps the local authority must follow. Legislation requires that any exemption from a levy charge must be obtained prior to the commencement of the development.

The CIL liability notice must include the chargeable amount and state the amount of any exemption. The local authority must issue a revised liability notice if the chargeable amount changes, including if there is a change to the exemption. Where an authority issues a liability notice any earlier liability notices cease to have effect.

The CIL regulations set out an appeal process, under which an applicant has 60 days from the issuance of their CIL liability notice, and prior to the commencement of development, to appeal the chargeable amount. We are not currently seeking to introduce an additional arbitration process to CIL. However, in developing the new Infrastructure Levy, we will carefully consider how best to address any disputes over liabilities.

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