CIL Regulations provide that charging schedules may include differential rates where they can be justified either on the basis of the economic viability of development in different parts of the authority's area or by reference to the economic viability of different types of development within their area.
As an additional measure, the CIL regulations also provide for an exceptional cases procedure, through which (subject to certain conditions) individual developments could apply for a reduced CIL liability where its payment would render the development unviable. It will be for charging authorities to decide whether to permit such a procedure in their area and each request will be determined on a case-by-case basis.
The Community Infrastructure Levy (CIL) is provided for by sections 205 to 225 of the Planning Act 2008. Section 206(1) of this Act states that “a charging authority may charge CIL in respect of development of land in its area”. As potential charging authorities, local planning authorities will therefore be able to choose whether they decide to charge CIL in their area or not, to meet local infrastructure needs.