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ARTICLE · 29 APRIL 2016

Planning Ahead: Why Adopting A CIL Strategy And Checking CIL Liability Is Wise

Wedlake Bell LLP
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A useful High Court judgement regarding the calculation of Community Infrastructure Levy ("CIL") was recently given in the case of Orbital Shopping Park Swindon Ltd, R (on the application of) v Swindon Borough Council & Anor [2016].

United KingdomReal Estate and Construction
Matthew Mainstone
Matthew Mainstone

A useful High Court judgement regarding the calculation of Community Infrastructure Levy ("CIL") was recently given in the case of Orbital Shopping Park Swindon Ltd, R (on the application of) v Swindon Borough Council & Anor [2016].

CIL is essentially a tax on development that results in increased floorspace, subject to certain exceptions. This case is a reminder of the complexities of the Community Infrastructure Levy Regulations 2010 ("the CIL Regulations") and the need to take a strategic approach when submitting planning applications in order to reduce CIL liability. There remain minefields in the Regulations that can result in developers being landed with hefty CIL demands, which can be avoided or at least reduced if a considered approach is taken.

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