The digital divide

As more local authorities adopt the community infrastructure levy (CIL) as part of their planning gain regime there are sharply diverging opinions on its use to fund the roll out of superfast broadband. These differences reflect the related difficulties of interpreting the legislation and of applying it to the particular economic conditions and aspirations of each area. Broadband provision may be a legitimate element of CIL in areas shown to be on the wrong side of the “digital divide”, but not in areas with sufficient existing or prospective commercial provision. The local authority’s decision must be based on robust evidence to avoid the risk of challenge.

CIL is a financial charge which local planning authorities are entitled (but not obliged) to charge on development in their area. The money raised is to be spent on local infrastructure. It replaces s 106 agreements as a means of capturing some of the land value released from planning permissions.