The Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL) is a form of developer contribution that was introduced by the Planning Act 2008 and came into force through the Community Infrastructure Levy Regulations 2010 (the Regulations).
North Tyneside Council adopted its Community Infrastructure Levy Charging Schedule on 22 November 2018 at a meeting of the Full Council. The Charging Schedule will now be brought into effect on the 14 January 2019.
Use our online map to check the charging zone for your development:
RICS Community Infrastructure Levy (CIL) Index
From 1 January 2022, in accordance with the Community Infrastructure Levy (Amendment)(England) Regulations 2019 the North Tyneside levy will be increased in line with the RICS Community Infrastructure Levy Index. See related MHCLG guidance here.
The index is an annual index that will come into effect on 1 January each year based upon the index figure from 1 November each year as published in October. You can view the published RICS CIL Index here.
|2022||332||25th October 2021|
When the North Tyneside Local Plan came in to effect the RICS All-in Tender Price index for 1 November 2018 stood at 315. Therefore, the rates identified in the North Tyneside CIL Charging Schedule will be adjusted to take into account this change. The table below provide and indicative summary of the change in rates (rounded to two decimal points). The charge applied to CIL liable development will be confirmed upon submission of the appropriate CIL forms to the Authority.
|Use||Zones||2019 (315) £/m2||2022 (332) £/m2|
|Dwellings: C3||Zero Rate Area (U0)||£0.00||£0.00|
|Built up area (U1)||£19.00||£20.03|
|Built up area (U2)||£24.00||
|Remaining area (R1)||£47.00||£49.54|
|Remaining area (R2)||£68.60||£72.30|
|Hotel: C1||Zone B only||£30.00||£31.62|
|Small retail units A1: <280sqm net||Zone B||£10.00||£10.54|
|Small retail units A1: <280sqm nett||Zone C||£5.00||£5.27|
|Retail warehouse A1: >280sqm net||Zone B||£20.00||£21.08|
|Retail warehouse A1: >280sqm net||Zone C||£15.00||£15.81|
|Office: B1a, B1b||Zone B only||£5.00||£5.27|
|All Other Development||All zones||£0.00||£0.00|
When Does CIL Apply?
Development will potentially be liable for CIL if it:
- Creates new build floor space of at least 100 square metres;
- Results in the creation of a new dwelling (even if the floor space is less than 100 square metres); and
- Involves the conversion or change of use of a building that is no longer in lawful use.
What forms to submit?
Further information on the correct CIL forms and additional guidance please follow this link to the 'Submit a planning application'.
Changes to the Use Class Order
Following the governments changes to the Use Classes Order and the incorporation of a range of town centre uses into a new single E use class the government has updated its Planning Practice Guidance (PPG) notes on CIL to reflect these changes.
The PPG advises that Authorities can continue to set differential rates by reference to different intended uses of development. An amendment in the new Use Classes Regulations (Regulation 4A) clarifies that charging schedules approved prior to 1 September 2020 can be read as if they were references to the descriptions of the uses which comprised those use classes before that date. The PPG provides the example of offices, which became part of the new E use class from 1 September 2020, should continue to be applied to office development previously categorised within Use Class B1.
Within the North Tyneside CIL the following forms of development are identified as CIL liable within the adopted Charging Schedule:
- Dwellings (C3)
- Hotel (C1)
- Small retail units (A1)
- Retail warehouse (A1)
- Office (B1a, B1b)
As each liable development is accompanied by both a description and the use class in place at this time it remains clear what development is CIL liable. As such the changes to the Use Class order will not affect the Authority’s ability to continue to charge CIL for such development.
CIL Regulation 123 List and Instalments Policy
The Council has published a Regulation 123 List with the CIL charging schedule. The Council will not be able to seek planning obligations from infrastructure identified on the Regulation 123 List but will continue to seek planning obligations secured through s106 agreements for other infrastructure
The Council has also adopted an Instalments Policy that sets out when CIL payments from liable development must be made.
The examination was held on 1 August 2018. The final Report of the Examiner advised that, with recommended Modifications the North Tyneside CIL is suitable for approval.
Submission of the Draft Charging Schedule and Modifications
On 1st May 2018 North Tyneside Council submitted North Tyneside Council’s CIL Draft Charging Schedule (DCS) with Modifications and related evidence to the Planning Inspectorate for examination. The modifications to the Draft Charging Schedule include modifications to the charging rates and the wording of the draft Regulation 123 List and instalments policy.The Secretary of State will appoint an independent Planning Inspector to examine North Tyneside’s CIL.
All the documents submitted to the Planning Inspectorate and any information received from the appointed Inspector are available to view online.
Draft Charging Schedule
North Tyneside Council Draft Charging Schedule builds upon the Preliminary Draft Charging Schedule.
The Council Draft Charging Schedule includes not only the charging rates and geographic areas the rates would be applicable, but also the draft Regulation 123 List, which sets out the types of infrastructure that the Council may fund, entirely or in part, through CIL.
Preliminary Draft Charging Schedule
North Tyneside Council Preliminary Draft Charging Schedule that was consulted on in February 2017.
The Council has a number of other key documents that have informed the preparation of the CIL.