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Worthing Community Infrastructure Levy (CIL)

What is the Community Infrastructure Levy (CIL)?

The Community Infrastructure Levy (CIL) is a fixed rate charge per square metre of qualifying development, which was introduced by Worthing Borough Council to offset the infrastructure impacts that arise from development in an area. CIL is now the dominant means for securing financial contributions from development in the Borough, with Planning Obligations (section 106 agreements) being scaled back, although they will continue to play a key role in relation to affordable housing and certain site specific requirements.

Worthing Borough Council adopted the CIL Charging Schedule in February 2015. All the information relating to the CIL Examination that led to the introduction of the charging schedule can be found here:

The CIL charge was implemented on 1st October 2015, meaning it is charged on all relevant planning permissions granted on or after this date. You are advised to carefully read the CIL webpage for specific types of development and limitations, but, in summary, the following types of planning applications are liable for the Community Infrastructure Levy in Worthing:

  • Residential developments (use class C3) that result in new dwellings (in most wards)
  • All retail developments (use class A1-A5) containing at least 100m2 of new floorspace

Key documents:

Note: the CIL Regulations were updated on the 1st September 2019. These new regulations affect planning permissions granted from that date onwards. CIL liable developments which received planning permission before the 1st September 2019 will be processed under the previous regulations.

How is CIL calculated?

CIL is charged in £ per square metre and is levied on the gross internal area (GIA) of the liable development. The CIL charge depends on the size, type and location of the development proposed. Where buildings are demolished to make way for new buildings, the charge will be based on the floorspace of the new buildings less the floorspace of the demolished buildings. However, the applicant must demonstrate that the existing floorspace has been in continuous lawful use for at least six months in the last three years (prior to development being permitted), with evidence supplied to support the claim.

The CIL Process Guide (V3) explains the formula used to calculate the CIL charge, as well as what is included in CIL chargeable floorspace.

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The Levy Rates

A charge of £100 per square metre for residential development (C3) was found to strike the most appropriate balance for most of the Borough (Zone 1).

As illustrated in the map below, a nil charge for residential development is currently set for the following four wards (Zone 2): Seldon; Castle; Gaisford; and Broadwater.

The differential between food supermarket and general retail viability is not significant and therefore a single CIL rate of £150/m2 is set for all forms of retail development across the Borough.

The charging area covers all areas of Worthing Borough, apart from land that is designated as being within the South Downs National Park (the National Park Authority is a local planning authority in its own right, and they adopted CIL in April 2017).

The following rates are subject to indexation to keep the levy rates responsive to market conditions:

UseCharging Schedule rate (£/m2)2019 indexed rate (£/m2)
Residential (C3) - Zone 1 £100.00 £128.57
Residential (C3) - Zone 2 £0 £0
Retail (A1-A5), excluding ancillary car parking £150.00 £192.85
All other uses £0 £0

Note: the rate is subject to changes according to the index rate mentioned in the CIL calculations in the CIL Process Guide (V3).

Worthing CIL charging rates by zone:

Worthing CIL charging rates by zone (map)

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Who is liable to pay CIL?

The responsibility to pay the levy defaults to the owner of the land on which the liable development will be situated.

The CIL regulations recognise that others involved in a development may wish to pay. To allow this, anyone can assume liability for the development by submitting a completed 'Assumption of Liability' form (Form 2) prior to the commencement of the development. It is recommended that Form 2 is submitted at the same time as the planning application and the 'Additional Information Requirement' form (Form 1).

If no form is submitted, or it is submitted after the commencement of the development, a surcharge is applicable and the liability to pay CIL defaults to the owner(s) of the relevant land. For more information about who pays the CIL liability, see our:

What development will be exempt from paying CIL?

The Community Infrastructure Levy will, in most cases, be a fixed non-negotiable charge on development, however the CIL Regulations prescribe certain development that is not chargeable by CIL. Please note that even though CIL may not be payable on a specific form of development, it may still be necessary to complete the relevant CIL forms and provide evidence.

To apply for relief and exemption, the applicant must have assumed liability to pay CIL on the chargeable development and this application for relief/exemption must be made before the development commences.

More information about the types of development that will be exempt from CIL is available in our CIL Charging Schedule:

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Claiming CIL Relief

As stated above, relief from the CIL charge can be applied for if a development meets the criteria of the relief. The following developments may receive relief from paying a CIL charge:

  • Development by charitable institutions on land owned by that charity, where the development is to be used for the charitable purpose, subject to the prescribed criteria (Regulations 43 to 48) - submit Form 10
  • Social (affordable) housing - including; social rent, affordable rent, intermediate rent, shared ownership (Regulations 49 to 54) - submit Form 10
  • Houses, flats, residential annexes and residential extensions which are built or commissioned by a 'self builder' (Regulations 54A to 54D) - submit Form 7 (part 1) and Form 7 (part 2)

If you think you might qualify for relief, you should contact the Council as soon as possible. It is important to note that relief must be applied for and have been granted by the Council before development commences. More information on claiming CIL relief is available in our CIL Process Guide (V3):

Worthing Borough Council has also produced flowcharts to explain the steps required when applying for:

Exceptional Circumstances

At this stage Worthing Borough Council does not intend to adopt an Exceptional Circumstances Policy. However, it should be noted that discretionary relief in exceptional circumstances can be activated or deactivated at any time.

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CIL Process and Forms

Worthing Borough Council have published a CIL Process Guide (V3) which explains the indicative steps taken in the CIL process, giving an explanation of each step and the relevant forms required to be submitted. All the relevant CIL forms and templates are also available on the government website.

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Payments

Payment of the CIL charge is due within 60 days of the commencement of a chargeable development, provided that a valid commencement notice is received by the Council at least one day before commencement of the chargeable development. Our Instalment Policy for CIL explains which developments may qualify to pay in instalments:

A demand notice will be issued to all liable parties after receiving a commencement notice, or after the development is deemed to have commenced. The notice will set out precise details of payment arrangements, and will shortly be followed by an invoice to enable ease of payment.

In exceptional circumstances, the CIL Regulations allow the Council to accept full or part payment through the provision of land or infrastructure. This is subject to a number of conditions detailed in the Payment in Kind policy:

Surcharges

If payment is not made by the due date, the Council can impose penalty surcharges and interest. Surcharges can also be levied by the Council in other circumstances. Please see the enforcement section of our CIL Process Guide (V3) for more information.

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Further information

Given the complexity of the Community Infrastructure Levy it is important for developers who are considering applying for planning permission to adhere fully with the CIL regulations. The following links provide useful information and guidance on the CIL process:

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Spending CIL

The Community Infrastructure Levy (CIL) is not intended to fund all infrastructure, it is only one of many possible funding sources. The Council must spend its CIL funds on the 'provision, improvement, replacement, operation or maintenance of infrastructure needed to support the development of the area'. The CIL Regulations state that CIL receipts may be allocated in the following proportions:

  • 80% for the strategic infrastructure needs of the Borough
  • 15% for Neighbourhood funding
  • 5% for the cost of administering CIL

The CIL Expenditure Strategy provides more information about how Worthing Borough Council will spend its CIL receipts, including the 'bidding' process for the neighbourhood pot.

Currently, reporting on CIL collection and spending has been through the Annual Monitoring Reports linked below:

In the future CIL spending will be monitored through Infrastructure Funding Statements (IFS) which will replace the previous Regulation 123 list (below). Worthing Borough Council is required to publish its first annual IFS by 31st December 2020. The statements are intended to show how much money has been raised and how it has been spent in the previous year. They will also state what infrastructure projects will be, or may be, funded wholly or partly by CIL.

Appeals and Enforcement

You cannot appeal against the principle of CIL, however you can appeal against some aspects of the CIL collection and enforcement system. If you think that the Council has incorrectly calculated the CIL charge you can ask for it to be reviewed. For more information on appealing against a CIL notice, see our:

Should the Council not receive payment on time it will correspond with the developer to try and ensure that the payment is made as soon as possible. Where the payment continues to remain unpaid the Council would be within its rights to take action. This could involve the issuing of a stop notice on the current development; court action; charging fines; or seizing and selling assets. Ultimately developers could face time in prison should the payment not be made.

Review of CIL charging schedule

The Council is working on a review of the CIL Charging Schedule, which began in 2018. Further information and a timetable for consultation and examination will be available in due course.

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FAQs

To assist interested parties the Council has prepared responses to frequently asked questions set out below:

Contact details

If you have any questions, please contact the Planning Policy team:

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