The April 2015 deadline is focusing the minds of LPAs towards getting a CIL in place. But what many may not anticipate is the time it will take to get a Charging Schedule implemented.

It is now under 10 months to April 2015 and there are still 309 LPAs in England and Wales without a CIL in place, including 172 that are yet to publish a Preliminary Draft Charging Schedule (PDCS).

Our research shows that the median timescale for the production of a CIL Charging Schedule, based on those currently in progress or already implemented, is 23 months from the publication of the PDCS to the implementation of the CIL.

This timescale does not include the time taken to produce the supporting evidence, which can add an additional six months to the process, especially where stakeholders are engaged informally.

While nearly 40% of LPAs are in the active stages of consulting on or examining a Draft Charging Schedule (DCS), 28% of LPAs have committed to adopting a CIL but are yet to publish a Charging Schedule.

There are subsequently still plenty of opportunities to influence emerging CIL rates.

Click the below image to enlarge

Deadline less than 10 months away

The CIL Regulations imposed a restriction on the pooling of Section 106 contributions by LPAs for use towards an infrastructure type or project after 6 April 2014, or following implementation of a Charging Schedule (whichever the earlier). The CIL (Amendment) Regulations 2014 (‘the 2014 Regulations’) extended this deadline to 6 April 2015, allowing a brief reprieve for LPAs to allow time for Charging Schedules to be put in place.

These restrictions will severely curtail LPAs’ ability to utilise Section 106 as a mechanism for funding strategic, or non-site specific, infrastructure post-April 2015. The 2014 Regulations are difficult to interpret in respect of this point, although the 2014 CIL Guidance appears to support the principle of so-called “salami-slicing” by specific infrastructure projects up to a maximum of four contributions.

Taken from
Spotlight: CIL - The Countdown to April 2015