This page sets out the development of the Community Infrastructure Levy(CIL) and summaries the various stages and consultations that have taken place.   It is clear that the new CIL will have a wide range of implications for how sport & recreation facilities can be secured and delivered through the planning system.

As a result Sport England will continue to has been closely involved in the development of the new Levy as they are produced by Government.  The key elements and implications of the proposals are outlined below. These comments  include any submissions made by Sport England together with our current thinking on the new system and how it will impact on sport and recreation.

This page will be added to, as the proposals for the new CIL is developed.

Overview
In 2005, the Government expressed its intention to consider the introduction of a Planning Gain Supplement (PGS), to help pay for local infrastructure related to growth (view archive of PGS progress).  

In the pre-budget report in October 2007, and after significant consultation, the Government decided to not proceed with the PGS in favour of a Statutory Planning Charge which would come forward in the Planning Reform Bill.

This has subsequently come forward as the Community Infrastructure Levy (CIL).  Whilst details of the new CIL have yet to be produced, the Levy will be based around a tariff system.

Latest Progess: -
Quick links to:
The New Planning BiIl - reading through Parliament (June 2008)
The Community Infrastructure Levy (January 2008)

The New Planning BiIl - reading through Parliament (June 2008)
The new Planning Bill contains broad enabling powers to allow local authorities, and other bodies approved by Government, to levy charges to help pay for infrastructure associated with new development.  These powers are found in Part 11 of the Bill.
Click here to view the current text of the Bill

The overall purpose of the CIL is to ensure that development contributes fairly to the mitigation of the impact it creates.  CIL will be a standard charge, decided by designated charging authorities and levied by them on new development.  The aim is to set the level of CIL such that it does not deter new development.

The basic provisions
An information paper "The Community Infrastructure Levy", published by DCLG in January 2008, envisages the Levy will;

• comprise standard charges relating to some element of a scheme, such as an amount per dwelling or per sq metre of employment space;
• cover new residential and commercial development, subject to a low de minimus threshold;
• be based on a costed assessment of the infrastructure requirements arising specifically out of the proposals in the development plan for the area;
• cover refurbishment as well as new build infrastructure, and may vary within local authority areas;
• include regional and sub regional infrastructure, as well as local infrastructure;
• be tested through public participation as part of the development plan preparation process;
• incorporate reserve powers for CLG to limit the amounts collected and to direct how the funds are allocated as between strategic and local headings.

Definition of Infrastructure
The regulations are intended to define what is meant by infrastructure, with the intention of having a wide definition of infrastructure.  Following discussions at the Committee stage, the Government has included a definition in clause 178 of the Bill.  This defines seven types of infrastructure including:

• Sporting  and recreational facilities; and
• Open spaces.

[Other categories include roads and transport, flood defences, schools and education, medical facilities, and affordable housing].

The process to adoption of CIL as proposed by DCLG are as follows:

• The broad enabling powers are in the Planning Bill, which is currently going through parliament;
• Once the scheme is on the statute book, the intention is to formally consult on the detailed regulations; CLG estimate that this will occur in autumn 2008;
• As the scheme will run alongside a honed down section 106 system, there will be a need for revised planning guidance on planning obligations;

The scheme could, the CLG estimate, be introduced in 2009.

Advice for the interim
Before the new system is introduced, the Government is encouraging local authorities to continue the work of developing standard charges, and ensuring there is a good evidence base for both infrastructure needs and priorities.
The CIL document can be found on www.communities.gov.uk/planning bill.


The Community Infrastructure Levy (January 2008)
Taking into account the Government paper The Community Infrastructure Levy, Sport England have the following initial views (the numbers in brackets are the relevant paragraphs of the above document)

• Strong support for the idea that the CIL should be plan-led and based on costed lists of infrastructure projects.  These should be one of the outcomes of local audits, carried out under guidance in PPG 17.  This type of link should be made clear as the scheme proceeds [para 39];
• A need to ensure that sport and recreation facilities of local, sub regional and regional importance are included in the definition of infrastructure adopted [35,37, 51-54];
• Keenness to see refurbishment as well as new build within the scheme; definition of what costs can be included in new build and refurbishment could be useful included (eg initial fit out costs of sports centres etc, measures to reduce carbon emissions)[34];
• Support for parallel Section 106 and CIL systems; but there is a need to define carefully the boundary between them so that sport is not disadvantaged [63-68];
• A need for more clarity on how existing deficiencies are to be dealt with; for example, clarification of the meaning of the phrase, CIL can help ‘remedy deficiencies which, will in time, be aggravated by new development’, [33]
• Need for a view on what happens where land is of little or no value in the market, and therefore CIL cannot be levied [56];
• Commuted sum payments for maintenance of playing fields and other sports facilities should be included and defined in the regulations; alternatively they could remain within the Section 106 process;
• More is information needed on how proposed loans/guarantees would work, in particular some clarity on the types of sports etc organisations that could be in receipt of them.

It is important to note, that sport and recreation (unlike transport, health etc.) has relatively few resources from elsewhere to provide for local sporting and recreational needs.  Therefore CIL will be of greater importance to sport, and local priorities should reflect this [para 31, bullet 5].

Associated document
Planning Policy Statement 12, published on 4 June 2008, gives up-dated guidance on the preparation of SPDs.
Paragraphs 4.8-4.12 cover effective local infrastructure planning, which should underpin LDF core strategies. PPS 12 states  that the infrastructure planning process should identify, as far as possible:

• Infrastructure needs and costs
• Phasing of development
• Funding sources; and responsibilities for delivery.

Planning Policy Statement 12 ‘Creating strong, safe and prosperous communities through local spatial planning’ is available for download at www.communities.gov.uk/publications/planning and building/pps12lsp