The Community Infrastructure Levy: The unresolved issues for regeneration

Various attempts to introduce a tax on development have been made in the past, the most recent of which is the Community Infrastructure Levy (CIL). It is intended to operate as a tariff-based approach to capturing development value, with the proceeds to be applied to funding strategic infrastructure that is required to facilitate, and to mitigate the impacts of, development. The intention is that it will secure additional monies that were not being secured through the existing system of planning agreements alone. Local authorities can choose whether to charge it, but the signs are that most are or will be doing so over the next couple of years. The authors highlight some of the technical issues and anomalies arising from the way in which the legislation has been drafted, although some of these are gradually being resolved through amendments to the legislation. The authors point out, however, that of more concern are the practical uncertainties, especially in relation to how and when authorities will deliver the infrastructure that they are intending to fund through the CIL, uncertainties which are particularly worrying for developers of major strategic and regeneration projects.