Section 106 agreements and the Community Infrastructure Levy (CIL) (collectively known as planning obligations) are used to reduce the impacts arising from development, and secure the provision of supporting infrastructure, such as new schools, health facilities and open spaces. This ensures that development can be made acceptable in planning terms.
The Community Infrastructure Levy (CIL) is a tariff-based charge that applies to most new development in the borough. Money collected from the levy is used towards the provision of essential infrastructure to support the future growth of the borough.
Section 106 agreements are used alongside the levy to reduce the impact of development in association with planning applications. Most agreements are site-specific and relate to the requirements set out in the Section 106 Supplementary Planning Document (PDF).
The Infrastructure Funding Statement (PDF) sets out the types of infrastructure and projects we intend to fund through CIL and Section 106 income over the next reporting period. It also provides a breakdown of CIL and Section 106 income and expenditure over the last financial period.
This is currently being reviewed and updated to include the reconciled financial information from the 19/20 CIL and S106 report, in line with the CIL regulations 2010 (as amended) Regulation 121A and Schedule 2. We will provide this updated information when it becomes available.
In Enfield, the Community Infrastructure Levy (CIL) is split into two types.
Each year, we collect receipts from residential and other types of development to help fund infrastructure (although there are some exceptions, such as schools, health facilities and self-build housing). The way this is broken down is shown in the table below.
|Type||Percentage of total receipts||Commentary|
Receipts can only be spent on capital projects to fund a wide range of infrastructure projects
15% (or up to 25% in a neighbourhood planning area)
Receipts can be spent on both capital projects and revenue projects, such as the maintenance of infrastructure. However, it does not have to be spent in the same area as the development.
This covers administrative expenses (for example, staff costs)
We also collect receipts on behalf of the Mayor of London. Funds raised through the levy are used to help pay towards Crossrail 2.
The Mayoral CIL is charged at £60 per square metre across the borough.
The Enfield CIL is added to the Mayoral CIL. The Enfield CIL is composed of different rates, set according to the type of use and location of certain developments.
The Enfield CIL Charging Schedule (PDF) sets out the rates to calculate costs.
The levy amount charged is based on the total internal floorspace (gross) of the proposed development.
Rates are index-linked to track inflation costs and reflect changes in the cost of delivering infrastructure. This ensures the rate is responsive to market conditions.
A map showing the charging zones across the borough, relating to residential development, can be viewed in the Residential CIL Charging Zones Map (PDF).
Planning applications require the payment of CIL where it involves new build floor area, and or new residential units within the charging zones.
The annual CIL rate summary sets out the charging schedule rates, indexed between the time the charging schedule came into effect and when a planning permission is granted in a given calendar year.
View the summary for each year, from 2020 being the first reported year:
You can use the CIL calculator to help establish potential CIL charges.
When planning permission is granted for a CIL-liable development, we will issue a CIL liability notice alongside the planning decision notice. The CIL liability notice will tell you the amount of CIL you need to pay before you start development. If you don't need planning permission and you start development (under general consent or prior approval), you may still need to pay CIL if:
If your proposal meets any of the requirements for the payment of CIL, then you will need to complete the additional information form on the Planning Portal.
A CIL charge will not apply in the following circumstances:
Before development starts, the person paying the CIL needs to submit a commencement notice (PDF) and an assumption of liability notice (PDF) to firstname.lastname@example.org. If we don't receive these, the charge automatically defaults to the owners of the land. A surcharge may apply to each person(s) liable to pay the levy if development starts before liability is assumed.
On receipt of the commencement notice, we will issue a demand notice seeking payment.
The Enfield CIL instalment policy (PDF) applies to larger developments and explains when CIL payments will need to be paid across the timeframe of a development. As set out in the revised policy (PDF), the threshold that developers pay towards CIL can be split into two instalments from £500,001 to £100,001.
You can make appeals against all aspects of the Community Infrastructure Levy, including the chargeable amount and the imposition of surcharges.
Advice on how to appeal and all the relevant forms can be found on the Planning Portal.
Community Infrastructure Levy (CIL) spending is decided on an annual basis. Spending is allocated to support infrastructure projects that are in line with the priorities set out the capital programme (taking account of the specific and cumulative needs arising from development). For example, over £156 million of funding has been secured from the government's Housing Infrastructure Fund to undertake further essential infrastructure works at Meridian Water. This includes the construction of a new central spine road and associated bridges to improve east-west connectivity across the site and beyond. The project requires match funding to secure its early delivery as part of phase 2 of the development. CIL will support this.
CIL receipts will also be made available through the capital programme to spend, in whole or in part, on the following items of infrastructure:
CIL can now be used to fund a wider range of projects (rather than specific items) and can be pooled together alongside Section 106 agreements to fund the same project or item of infrastructure.
The Infrastructure Funding Statement (PDF) sets out how much CIL has been collected over the past year and how it will be prioritised over the next reporting period. This statement replaces the Regulation 123 List.
For a more detailed breakdown of CIL receipts and expenditure, please read the CIL Income and Expenditure Report (PDF).
Section 106 is a legally-binding agreement that is negotiated between us and the developer to mitigate the impacts of development on a site-specific basis. S106 is used to secure financial contributions towards the provision of infrastructure, such as:
S106 can also provide non-monetary benefits (for example, affordable housing, apprenticeships and travel plans).
Most planning obligations will involve payment of a one-off fee. However, depending on the specific nature of a scheme, contributions may be required towards the ongoing costs of running a facility or providing a service (for example, maintenance of parks and air quality monitoring).
Section 106 agreements can only be used where they are:
S106 agreements are negotiated as part of the approval process in respect of outline or detailed planning permissions (but not reserved matters). Payments are usually paid in instalments at specific agreed stages of the construction process (known as 'trigger points').
However, planning permission will only be granted once the Section 106 agreement has been signed.
The Section 106 Supplementary Planning Document (PDF) (adopted in November 2016) sets out our approach to negotiating Section 106 agreements.
For residential developments, financial and non-monetary contributions are generally sought on developments of ten or more units, irrespective of floorspace.
For commercial developments, financial and non-monetary contributions will generally be sought on developments of more than 1000 square metres.
There may, however, be instances where contributions are sought to mitigate the impact of smaller developments on the highway, public realm or where there has been a loss of retail or employment.
You should note that the following fees are charged in respect of the administration and monitoring of Section 106 agreements:
Recent changes to the regulations have introduced greater flexibility in how Section 106 monies can be spent. For instance, Section 106 monies can now be pooled together from a greater range of planning applications to fund the same project alongside Community Infrastructure Levy and other sources of funding.
Details relating to Section 106 income and expenditure can be found in the Infrastructure Funding Statement (PDF).
Much of our planned spending will be focused on small-scale improvement works to directly mitigate the impact of development. This includes: