CIL, S106, Legal Matters & Viability

Clear Advice on Financial Aspects of Planning

This is an area of great interest since the publication of the National Planning Policy Framework (NPPF) in 2012 and the Localism Act in 2011.

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Negotiating Financial Viability

Negotiating the overall package of S106 and Community Infrastructure Levy (CIL) payments is critical to ensuring that development remains viable and thus deliverable, whilst complying with the requirements of the CIL Regulations.

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We are experienced in dealing with this on behalf of clients and we will work with, or recommend, planning solicitors and surveyors to support these negotiations where appropriate.

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We also work with planning authorities to secure infrastructure commensurate with the scale of development proposed, in particular looking at the timing of provision of infrastructure and the impact that cash-flow from specific projects can have on delivery of key elements of physical and social infrastructure (e.g. schools, roads, community facilities etc).

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CIL Issues

The Community Infrastructure Levy (CIL) is a tax associated with new development, which most Local Authorities have now adopted. It is charged per square metre and is quite complex in its regulations.

Here at Bluestone Planning, our specialist team who have successfully dealt with and appealed a wide scope of CIL Liabilities for all types of developments and applications have the experience to assist you.

Should you wish to query any CIL liability notice received, we would be delighted to assess whether there is any scope to mitigate or reduce this for you, or advise whether your liability is correct or requires amending.

Alternatively if you’d like assistance with the completion and submission of your CIL forms, we would be delighted to assist.

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S106

S106 agreements are commonly required for major developments (e.g. residential schemes of 10 or more units or larger commercial proposals). 

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S106 agreements (or unilateral undertakings) can cover a range of matters including:

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• Affordable Housing (numbers, mix and tenure)

• Education contributions

• Highways infrastructure

• Social and community facilities

• Public open space / sports and leisure

• Biodiversity

• Public Art

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We are experienced in negotiating and advising on the content of these obligations and ensuring that they meet the CIL Regulation 122 tests.

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