FAQs

The Community Infrastructure Levy (CIL) is a locally set charge (referred to as a levy) on new development which a local planning authority can choose to introduce. The levy is based on the size and type of development and once set is mandatory to pay and non-negotiable. 

The funds raised would be used and or distributed by OPDC to provide infrastructure which is required to support new development within the local area. This infrastructure could include roads, transport facilities, education facilities, medical facilities, sporting and recreation facilities, and open spaces. 

Currently when new development proposals are approved by OPDC Section 106 Agreements are negotiated with developers which include financial contributions towards infrastructure, as set out in the draft Planning Obligations SPD.

Section 106 Agreements are legal agreements negotiated between developers and OPDC. They are intended to mitigate or offset the negative impacts of development or to prescribe the nature of a development.

Planning obligations have to meet the Regulation 122 statutory tests where they must be:

• Necessary to make the development acceptable in planning terms
• Directly related to the development
• Fairly and reasonably related in scale and kind to the development.

The CIL will not replace our current methods of obtaining infrastructure and funding through planning obligations. The CIL provides an additional mechanism to obtain financial contributions towards new and improved infrastructure.

The Planning Obligations SPD will be reviewed when the CIL is adopted.

The levy may be payable on development which creates a new or additional internal area, where the gross internal area of new build is 100 square metres or more. Development that is less than 100 square metres, but which involves the creation of a new house or flat, may also be liable to pay the levy. 

Some developments may be eligible for discretionary relief or exemption from the levy. This includes residential annexes and extensions, social housing, charitable development, and houses and flats which are built by ‘self-builders’.

We, as the CIL charging authority, are required to consult with residents, local communities, businesses, and stakeholders on the proposed levy rates. 

Following the conclusion of this Regulation 16 consultation, we will review consultation representations and amend the draft Charging Schedule and supporting evidence base documents where necessary. The consultation will be followed by an examination in public of the draft Charging Schedule, to be conducted by an independent examiner, prior to the proposed adoption of the CIL Charging Schedule.

The proposals are subject to public consultation from 28 November 2022 to 23 January 2023 (midnight). OPDC will consider the comments received when making a decision on whether to submit the draft charging schedule for examination. If you would like to submit comments about this proposal, you can do this online at www.consult.opdc.london.gov.uk, by sending an email to planningpolicy@opdc.london.co.uk or by writing to:

CIL Draft Charging Schedule Consultation

OPDC

Brent Civic Centre

32 Engineers Way

Wembley

HA9 0FJ

Please submit your comments by midnight on 23 January 2023. Any comments that you make may be available for public examination subject to data protection rules. Any organisation or individual may request the right to be heard at the Examination in writing through their representations.