1. What is the Community Infrastructure Levy (CIL)?
The Community Infrastructure Levy is a levy which the Council will charge on
developments. The money raised will go towards the costs of infrastructure projects
within Selby District such as schools, transport improvements and GP Practices.
The levy was introduced by the Government through the Planning Act 2008 and the
CIL Regulations 2010 (which have been amended in 2011, 2012, 2013 and 2014).
It is a development contribution and applies to most new development, including
individual building projects.
It is a legally enforceable levy which is shown as a land charge on the local land
charges register.
2. When does CIL come into effect?
Selby District Council has completed the consultation period and has passed the CIL
Inspection. It is planned for CIL to be formally adopted in December 2015 with
commencement to take place from 1st January 2016.
3. Who has to pay the Levy?
Anyone who is involved in the development may take on the liability to pay the CIL.
In most cases this will be the developer who has applied for the planning permission
or the landowner(s). Where more than one person owns the site they can share the
liability (based on their proportion of ownership). Liability notices will be requested
prior to commencement of the development which will provide details of liable parties
– if no notice has been received then liability for payment will automatically default to
the landowner(s).
A person may withdraw or transfer their liability for CIL at any time before
commencement by giving notice in writing to the Council. After commencement
liability cannot be withdrawn but can be transferred to another person by submitting
a liability transfer notice.
4. What is liable for CIL?
The levy will be liable on any development where the internal gross floor area*of a
new build exceeds 100 square metres – the whole floorspace area is charged not
just the area over 100 square metres. This would include extensions and buildings
which replace demolished buildings.
*Internal gross floor area is the area of a building measured to the internal face of the
perimeter walls at each floor level. It should include rooms, service spaces such as
lifts and floorspaces devoted to corridors, toilets, storage and underground parking
etc.
5. When do I pay CIL?
The levy is payable on commencement of the development. This is regarded as any
works of construction including demolition, digging of foundations, laying out or
construction of access or a material change of use of the land.
6. What are the CIL rates in Selby District ?
Development will be charged in accordance with the rates set out in the CIL
Charging Schedule.
7. Are there any exemptions to payment of CIL?
There are developments which are exempt from payment of CIL. These include




Where the gross internal area of a new building (or extension to a building) is
less than 100 square metres (except where the development comprises of
one or more dwellings)
Development by charities on their own land and which will be used wholly or
mainly for their charitable purposes
Social Housing
Buildings in which people do not normally go into or go into intermittently for
maintaining or/and inspecting
8. Can I pay in instalments?
Selby District Council has an instalments policy, however, if an instalment is not
received by the specific date the remaining outstanding balance will be payable
immediately. Failure to pay also incurs surcharges which are set out in the Charging
Schedule. Late payments are also subject to interest at 2.5% above the current Bank
of England rate.
9. Are there any discounts or relief of payments?
There are potential exemptions to the levy for self build developments, subject to
criteria.
10. Can I appeal my CIL Charge?
CIL is not negotiable but should you think a mistake has been made calculating your
CIL charge, you can appeal against the Council’s decision. Details of the appeal
process can be found via the Planning Portal website. www.planningportal.gov.uk
11. Is CIL required for change of use, conversions or demolitions?
A change of use to an existing building will not be liable for CIL if it does not involve
an extension over 100 square metres, or involve a new dwelling.
If a development includes demolition, floorspace of an existing building may be taken
into account and reduce the chargeable amount (the existing building, to be
demolished, has to be present on the date of planning permission in order for it to be
taking into account in reducing CIL charge).
12. How does CIL differ from S106 agreements and will I still need to have a
S106 agreement too?
The Council can no longer use s106s in the same way from April 2015 due to a
change in government regulations. S106s will continue to be used for affordable
housing and anything required for the specific development site to make it
acceptable in planning terms; further details of this are outlined in the Charging
Schedule.
13. After I have started construction do I have to pay CIL twice if my scheme
changes?
Payments are made on commencement of the development. However, payments
made on developments that have not been completed can be credited against levy
liability for a revised scheme under a new planning permission. However NO refunds
can be made by the Council if a later development has a lower CIL Liability than the
development which commenced on the site.
14. Will I need to pay CIL if I build an extension, permanent summerhouse or
garage?
A CIL Additional Information Form will need to be submitted with your planning
application. The form asks the size of the development – if it is less than 100 square
metres you will not be liable for CIL. If it is over 100 square metres, and the
development is not your main residence, you will need to complete a Self Build
Annex or Extension Claim form (CIL FORM 9) and agree it with the Council before
commencement of the development on site.
15. Will a residential annex in my garden be liable for CIL?
As above but please note that your residential annex will become liable if within three
years the annex is used for any purpose other than as an annex or the annex is let
or either the main residence or annex is sold separately from the other.
16. What happens if the development doesn’t happen or isn’t completed?
CIL is payable on commencement so if the development doesn’t commence there
will be no payments due. If the development commences and plans are amended
the CIL charges may be reassessed.
17. Where can I get further information from?
You can send any general enquires to cil@selby.gov.uk