Planning obligations under Section 106 of the Town and Country Planning Act 1990 (as amended) relate to making development proposals acceptable in planning terms that would not otherwise be agreed. Terms between the developer and us are agreed about development impacts that could include a highway contribution. There can also be contributions towards public open space and play provision. There is a Section 106 Protocol that explains this in more detail.
We have to explain the amount of planning obligations money received and how it has been spent. Historic planning consents are checked to make sure payment is made on time. Yearly updates are provided including those that require no more than four planning obligation payments being combined to fund a project.
Hull Community Infrastructure Levy
Community Infrastructure Levy (CIL) is a way of funding important projects that help the growth of the city. This does not replace the need for Section 106 planning obligations but it does relate to funding of ‘place shaping infrastructure’.
From Thursday 1 February we have an agreed charging schedule that applies to housing and certain retail schemes. These charges are based on a broad viability assessment. Different rates apply in different locations in the city and in certain cases there is no charge.
Should a development scheme be liable there is a process for paying CIL and forms to complete. There are financial penalties if this process is not followed. The CIL protocol explains the process, charging rates and exemptions.
Annual reports detail CIL funds received and what they have been spent on.
There are forms to help you through the different stages in paying CIL or in seeking exemptions from it.
Before submitting a planning application you can check with us if your proposal is liable to CIL. If your proposal is liable you should send the completed assumption of liability form.
The liability notice is issued by us alongside the decision notice for planning consent. This tells you how much you have to pay.
A commencement notice should be submitted by you to us prior to development being started.
A demand notice is issued by us after works start on site. The demand notice details the payment terms. You have to pay within 60 days of starting the works.
In certain cases you are exempt from paying CIL. You have to provide evidence of this by completing the form.