When it comes to Community Infrastructure Levy (CIL), it is important to know and understand the process.
The CIL Regulations are complex and have been amended a number of times since they were introduced by way of the Community Infrastructure Levy 2010. If development is captured by CIL then there are limited options for reducing or completely removing a liability.
Most importantly, the options that are available, by way of exemptions, reliefs or indeed reduction for certain floor space, are only available if applied for in the correct way at the correct time. Failure to do so could result in the loss of the exemption/relief and indeed may even result in a surcharge and late payment interest. There is very little discretion built in to CIL Regulations which means that a failure to comply with the legislation, or a slip up on timings/incomplete forms can have substantial consequences.
The loss of an otherwise applicable CIL exemption can be extremely costly, often running into many hundreds of thousands of pounds. Unfortunately we often have enquiries from people who seek advice too late in the process, and the remedies that are available are often extremely limited and involve substantial negotiation with the Charging Authority.
Obtaining specialist advice at an early stage, ideally at the stage of submitting the planning application, enable you to fully understand what exemptions and reliefs are available to you, as well as understanding the procedures and timescales for ensuring that this benefit is not lost.
Please see further information on our team of Planning & Environmental Law solicitors and our full range of services.