CILs to replace s106

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  • CILs to replace s106

    are s106s being replaced by local CILs?

  • #2
    What is a CIL? I have an unpaid 106 so does this mean they will cease to exist?

    Freedom at the point of zero............


    • #3
      Sort of is the answer!

      S.106 agreements will be available up until April 2014, after which the Council will only be able to issue s.106 agreements for on site works. If they have issued less than five 'general' s.106's between April 2010 and April 2014, they will be able to carry on issuing 'general' s.106 up to the maximum of five (by general I mean pooled contributions such as education or open space).

      After this point this must have an adopted CIL (Community Infrastructure Levy) charging schedule in place. If they don’t and they have reached their five 'general' s.106 limit, they won’t be able to ask for any money.

      The CIL charging schedule is based on a set fee for the amount of new floorspace provided i.e. £25 per sq.m residential or £50 per sq.m retail.

      CIL money will not be used for affordable housing and affordable housing will still be covered (along with onsite requirements) by s.106 agreements.


      • #4
        CIL is at different levels everywhere.

        See this blog:

        Refer Mad Regulators to Arkell vs Pressdram.


        • #5
          Yes, its at different levels everywhere - some local authorities are not going to have one at all.

          There are also local authorities who are not far enough along in progressing their charging schedules and will end up in a position where they cant charge anything external come April 2014


          • #6
            Thanks Planner and ML. So existing S106's will become redundant in time?

            I only have the one which is for just under £3k but a LL I work for has £1.4 M worth unpaid - he will be pleased to read this........!

            Freedom at the point of zero............


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