End to Pooling Restriction

On 1 September 2019, the Community Infrastructure Levy (Amendment) (England) (No.2) Regulations 2019 came into force and includes the following provisions to be noted:

  1. The pooling restriction will be removed to enable local planning authorities to use five or more section 106 contributions to fund a single infrastructure project. This will also enable local planning authorities to use both section 106 contributions and CIL to fund the same piece of infrastructure.
  2. Outline permissions will now be protected from increases in CIL between the grant of outline permission and the approval of reserved matters.
  3. The penalty has been changed where a developer fails to submit a commencement notice before the development begins. Now a surcharge will be imposed for a late notice as opposed the loss of any reliefs or exemptions.
  4. The obligation requiring local authorities to set a list of developments, types of projects and infrastructure to be funded through CIL will be removed from 2010 and replaced with a requirement to provide an annual statement.
  5. The calculation of CIL following a section 73 permission has been changed.
  6. Monitoring fees in s106 agreements have now been added to the regulations and given statutory footing.
Posted on: 05/09/2019

This article is for general guidance only. It provides useful information in a concise form. Action should not be taken without obtaining specific legal advice.

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