Advice to South East England Councils

Enquiry

• From: South East England Councils
• Date advice given: 15 November 2011
• Enquiry type: Email

What is the relationship between IPC’s s106 requirements and the work local authorities are doing on s106 and Community Infrastructure Levy (CIL) charging schedules?

Advice given

At a very high level, a key consideration to bear in mind is that the IPC itself has no powers to enter into agreements for the payment of CIL, so any such agreements would need to be directly between developers and local authorities. Moreover, CIL cannot presently be levied on structures such as pylons and wind turbines, on roads and railways, nor on buildings into which people either do not normally go or only go into intermittently for the purpose of inspecting or maintaining fixed plant or machinery. The majority of applications to the IPC are therefore likely to be for, or include, structures and buildings to which CIL does not currently apply. Discussions between local authorities and developers are therefore normally likely to be framed in the context of s.106 obligations rather than in the context of CIL.