CIL: There Is No Equity About A Tax

“…in a taxing Act one has to look merely at what is clearly said. There is no room for any intendment. There is no equity about a tax. There is no presumption as to a tax. Nothing is to be read in, nothing is to be implied. One can only look fairly at the language … Continue reading “CIL: There Is No Equity About A Tax”

Trent Won, Cil Nil

The community infrastructure levy system, in its application to lay individuals in particular, is monstrous, absurdly over-engineered, often badly administered and unfairly opaque. Could anyone disagree after reading Lang J’s judgment handed down yesterday in R (Trent) v Hertsmere Borough Council (16 April 2021)? (Or for another example see my 19 January 2019 blog post … Continue reading “Trent Won, Cil Nil”

CIL To Be Replaced By…CIL

When I saw a limelon for the first time yesterday (some recently marketed lime/melon hybrid since you ask, and tangy and refreshing it is indeed), I naturally thought of the proposed combined infrastructure levy: what on earth is it? Planning For The Future is of course work in progress and it may be churlish for … Continue reading “CIL To Be Replaced By…CIL”

We Need Some Flex On CIL

Miles Gibson rightly spotted, in his good CBRE piece Community Infrastructure Levy – ten years old, but COVID-19 is its biggest test (7 April 2020), that the Community Infrastructure Levy Regulations came into force just over ten years ago, on 6 April 2010. (And who better to point it out, given that until 2011 Miles … Continue reading “We Need Some Flex On CIL”

Money Money Money: Accounting For CIL

This tweet from MHCLG has been nagging away at me for a few days: The announcement of course was in relation to the 1 September 2019 commencement date in the Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 and the Government’s updated planning practice guidance in relation to CIL , planning obligations and viability. … Continue reading “Money Money Money: Accounting For CIL”

The Bottom Line: Updates On CIL And Viability

“Out of the blue and into the black You pay for this, but they give you that And once you’re gone, you can’t come back When you’re out of the blue and into the black.” (Neil Young) Two double act dates for the diary: 12 July (Bob Dylan and Neil Young, Hyde Park) 1 September … Continue reading “The Bottom Line: Updates On CIL And Viability”

CIL The Merciless

Failing to serve a CIL notice can have huge consequences, as R (Shropshire Council) v Secretary of State (Mr C M G Ockleton, vice president of the Upper Tribunal, sitting as a High Court judge, 16 January 2019) illustrates. Mr Jones, a self-builder, secured planning permission for a large new home with triple garage. Good … Continue reading “CIL The Merciless”

CIL Life

One of the many frustrating aspects of the Community Infrastructure Levy regime is the confusing and limited nature of any right to appeal, which is particularly concerning given the varying interpretations given to the Regulations by different collecting authorities. The first difficulty is working out what the appeal route in any particular situation is. Appeals … Continue reading “CIL Life”

An Update On CIL: Reform Promised, Meanwhile Continuing & Increasingly Expensive Uncertainties

Well done for getting past the heading. Someone recently asked me whether the Government ever changes its proposals as a result of a consultation process. For an example of just such a thing, I was able to point to the Government response to supporting housing delivery through developer contributions: a summary of consultation responses and … Continue reading “An Update On CIL: Reform Promised, Meanwhile Continuing & Increasingly Expensive Uncertainties”

Developer Contributions, CIL, Viability: Are We Nearly There Yet?

Bookends to this last week: On Monday 5 March 2018 the draft revised NPPF , accompanying consultation proposals document and the Government’s response to the housing white paper consultation were all published, as well as the two documents I’ll focus on in this blog post: – Supporting housing delivery through developer contributions: Reforming developer contributions … Continue reading “Developer Contributions, CIL, Viability: Are We Nearly There Yet?”