header-logo header-logo

14 May 2009 / Romola Parish
Issue: 7369 / Categories: Features , Local government , Public , Community care
printer mail-detail

It's a jungle out there

The Community Infrastructure Levy & other animals, by Romola Parish

* * * * * *

A recurrent theme in planning law is the thorny issue of how best to “tax” development. This is highly topical at present when planning contributions are estimated to have fallen from £9bn last year to £3bn this year, and are expected to fall further. The Community Infrastructure Levy (CIL), enacted by the Planning Act 2008 (PA 2008), is the latest in a long history of short-lived “development taxes”, “planning gain supplements”, and similar mechanisms that extend the reach of the existing s 106 agreements.

The CIL is one of the most controversial aspects of PA 2008 because of the way in which it restructures the basis of planning contributions to raise funds for specific regional infrastructure projects. Infrastructure is defined in PA 2008 to include roads, flood defences, educational, medical and sporting facilities, open space and housing.

As originally drafted, the rate of CIL was to be based on the increase in land value

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll