We advise extensively on issues arising from the Community Infrastructure Levy (“CIL”) including devising sophisticated and bespoke strategies which meet the legal requirements but which also reflect a fair and reasonable approach to the payment of c. We are very conscious of the cash flow and viability implications of CIL payments and keep those factors closely in view when framing our advice.
The approach to developer contributions to the funding of infrastructure has been a topic of debate for many years. The CIL regulations are complex and require careful analysis in order to ensure that the liability to pay CIL is anticipated and planned for from the outset. This is particularly important for large, multi-phased developments which are to be delivered over many years. Questions such as who is liable to pay the CIL, when it is payable and what exemptions and reliefs may be available require a detailed consideration and interpretation of the regulations. Strategic planning can help to minimise the CIL liability and ensure that the timeframes for payment reflect the development programme.
The regulatory system to capture developer contributions continues to evolve and proposed changes to that system need to be factored into planning strategies. We are monitoring proposed changes and the potential introduction of an Infrastructure Levy which could have further far-reaching implications for the development industry generally and the viability of projects.