Last Modified September 19, 2014
Introduction of the Community Infrastructure Levy
Following the endorsement by the Planning Inspectorate of our proposed Community Infrastructure Levy (CIL) Charging Schedule in December 2013, the Council adopted CIL on the 17 September 2014 to come into effect on the 1 December 2014.
CIL Charging Schedule
Enlarged map of CIL Residential Charging Zones
All planning applications determined on or after 1 December 2014 may be liable to pay CIL. As such, applicants will now be required to complete a ‘CIL additional information form ‘as part of the information they submit with their completed planning application form – even if the application may be determined before the 1st December 2014.
CIL additional information form
Applicants are asked to complete and submit an ‘Assumption of Liability form’ where the development proposal will attract CIL. This will be applications seeking to build 100m2 (and over) of new floor space (or in the case of proposals for one or more new dwelling) where the Council proposes a CIL rate in the adopted Charging Schedule (residential, retail, or hotel uses). It is particularly important to supply this information as the Council may not be able to grant statutory exemptions from paying CIL (or provide relief on the amount of CIL payable). Relief and exemptions include:
Residential extensions or annexes - (where 100m2 or over)
Development by charities for a charitable purpose
The ‘Assumption of Liability form’ and the various forms to claim the above relief can be completed at any time prior to development commencing – and can be found on the Planning Portal website. - which also includes further information on CIL. To avoid missing out on such exemptions, and to ensure we can accurately tell you how much CIL you may need to pay, please supply these forms as soon as possible.
The Council will shortly place a CIL liability calculator on this page to assist with determine what your CIL liability could be.
The Council will also update some of its guidance on the use of s106 in light of the move to CIL through the emerging ‘Developer Contributions Framework’; initial details are outlined in the Council Papers of 17th September 2014.
What is CIL?
CIL is a new charge that will raise funds to provide improved infrastructure in Hertsmere. It will be charged on the increase in new build floor space, although there are exemptions and relief from paying CIL for developments under 100 square metres, self-build homes, affordable housing and development by charities (where for a charitable purposes).
CIL replaces the general section106 (s106) ‘tariff’ approach currently operated by both the council and Hertfordshire County. Parish and town councils will receive a minimum of 15% of CIL receipts raised in their area, which the parish can spend directly on local improvements. The remainder of the CIL receipts will be allocated by Hertsmere Borough Council.
Further information on CIL can be found on the Planning Portal website.
Further information on the future approach to the use of S106, and how we will spend CIL, will appear on this site in due course; in the interim we will keep a list of frequently asked questions that will be updated in response to questions raised. If you have any questions regarding the introduction of CIL, please email our Planning Policy team.
Frequently Asked Questions
Examination of the Draft Charging Schedule
On 13 September 2013, our Community Infrastructure Levy Charging Schedule was submitted to the Planning Inspectorate for examination. This was informed by earlier consultations that took place in spring and summer 2013.
An independent examination was conducted on Tuesday 29 November 2013
Following the submission of Hertsmere's draft CIL Charging Schedule to the Planning Inspectorate, Philip Staddon BSc Dip MBA MRTPI was been appointed to conduct an independent examination.
The Examiner's final report was received on 13 December 2013 and recommends, subject to modifications, the Charging Schedule be approved. The Examiner’s modifications can be summarised as follows:
That the levy in “Area B” is reduced from £210 per square metre to £180 per square metre
That the levy for specialist types of accommodation for the elderly / disabled is set at £120 per square metre.
View the Examiner's Report and additional information on the Hertsmere CIL examination.
All examination documents can be accessed in our examination library.