Government to amend CIL regulations to prevent charge on amendments

The Department for Communities and Local Government (DCLG) first announced the planned changes in June this year. The amended regulations are expected to be published this week and to come into force next month.

Under the existing regulations, CIL is not due on a development if the developer was granted planning permission before a CIL Charging Schedule was in effect in the development's area. However, if an application is made to amend such a planning permission after a Charging Schedule has come into effect, the development would incur a CIL charge.

The revised regulations are also expected to contain measures to prevent developers from being liable both to pay a CIL charge and make a section 106 contribution.

The updated regulations follow the announcement by the London Government Association (LGA) that the Mayor of London will issue new guidance on CIL in response to developers' concern about the impact of the levy.

An updated Supplementary Planning Document (SPD) will be published to encourage boroughs setting a CIL charge for their areas to think about the cumulative impacts of all the things they're asking for through the planning system, said GLA head of London Plan Andrew Barry-Purssell, according to a report in Planning Magazine.

The SPD would be aimed at improving infrastructure planning arrangements in Greater London and would ensure that boroughs allow for flexibility and take the Mayor's Crossrail CIL into account when setting CIL, the report said.