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Developer contributions (CIL and S106)

Developer contributions is a term mainly used to refer to the Community Infrastructure Levy (CIL) and planning obligations secured through ‘Section 106’ agreements.

Barking and Dagenham’s Community Infrastructure Levy (CIL) is a charge on development to help fund infrastructure such as transport schemes and schools which the council, local community and neighbourhoods require to help accommodate new growth from development. The council is also required to collect CIL for the Mayor of London, with the proceeds helping to fund Crossrail.

The council also uses Section 106 agreements to secure financial and non-financial contributions (including affordable housing), or other works to mitigate the impact of a development.

Mayor of London's CIL

The Mayor of London‘s Community Infrastructure Levy Charging Schedule (MCIL1) came into effect on 1 April 2012. This applies to planning permissions granted from 1 April 2012 to 30 March 2019. This charge is set £20 plus indexation for all development except certain education and health uses.

A new Mayoral Community Infrastructure Levy Charging Schedule (MCIL2) Charging Schedule came into effect on 1 April 2019 and is applicable to permissions granted on or after that date. This charge is set £20 plus indexation for all development except certain education and health uses.

Further details of the MCIL1 and MCIL2 charges and the latest annual rate summary are available on TfL’s website.

 

The borough’s CIL

The council’s CIL came into effect on 3 April 2015 and details can be found in the Charging Schedule and accompanying Charging Zone map.

LBBD CIL Charging Schedule October 2014 (PDF, 242.47KB)

LBBD Charging Schedule Charging Zones (PDF, 465.54KB)

Annual CIL Rate Summary 2021 (PDF, 117KB)
Contains the rates for CIL liable development across the borough from 1 January 2020 until 31 December 2020.

CIL policies

In addition to approving the Charging Schedule the council has published:

CIL Instalment Policy January 2018 (PDF, 122.19KB)

LBBD Payment In Kind Policy 3 April 2015 (PDF, 55.65KB)

LBBD Regulation 123 List 2014 Final (PDF, 308.77KB)
This is now superseded by changes to the CIL amendment Regulations in 2019.

Background to the CIL charge

Following consultation between 15 March and 26 April 2013, the CIL Draft Charging Schedule was formally submitted to the Planning Inspectorate for independent examination on 25 February 2014. Jill Kingaby BSc (Econ) MSc MRTPI was appointed as the Inspector for the Examination.

The CIL Charging Schedule was recommend for approval by the Planning Inspectorate:

CIL Examiner's Report (PDF, 174.6KB)

Both the CIL Charging Schedule and the CIL Examiner’s Report are available for inspection, contact S106CIL@befirst.london if you would like to view these.

 

CIL forms and guidance

Planning permissions for developments that create new build floorspace with a gross internal floorspace (GIA) of 100 square metres of any use or development involving the creation of a residential dwelling may be liable to pay both the Mayor of London and Barking and Dagenham’s CILs and must follow the CIL process. In addition, certain categories of permitted development may also be liable to pay CIL. Developments granted permission through a general permitted development order may also be liable to pay CIL.

The CIL Regulations 2010 (as amended) contain the formulas used to calculate the applicable CIL charges for each development that is deemed to be liable. Developers must provide sufficient information to allow the Council to determine whether the development is liable to pay CIL and to calculate the charges accurately from the floor areas provided.

At the planning application stage, you must submit:

  • CIL Form 1: Additional Information which gives details about existing and proposed floorspace values and the lawful use test and must be submitted with a planning application. · CIL Form 2: Assumption of CIL liability which should identify who is liable to pay the CIL charges. The assumption of liability can be transferred to another party or withdrawn at a later date and so should not be withheld where land ownership is likely to change.
  • If your planning permission is granted, the Council will issue you with a liability notice specifying the Mayor of London and Barking and Dagenham CIL liability that will be due when the development commences.
  • If relevant, the person who has assumed liability can apply for relief from payment of CIL. Certain types of development, such as social housing or for charitable purposes, can benefit for relief from the payment of CIL. For more information have a look at the development types that are eligible for relief. All reliefs must be applied using the relevant CIL relief form. A decision on eligibility for relief must be received before commencement of a development. Relief cannot be granted once a development has commenced so applications should therefore be made as early as possible in the process.

Before a development starts:

  • The person who has assumed liability to pay the CIL must submit a CIL Form 6: Commencement Notice confirming the start date to the Council before any material work commences.
  • When we receive this, we will issue you with a CIL Demand Notice setting out payment details.

All CIL forms are available from the Planning Portal website.

 

Infrastructure Funding Statements

The council is required to publish an annual Infrastructure Funding Statement related to Community Infrastructure Levy (CIL) and planning obligations (Section 106).

Annual Infrastructure Funding Statement for 1 April 2019 to 31 March 2020 (PDF, 290KB)

In previous years the council was required to publish reports on the amount of borough CIL collected and spent for each financial year.

CIL Annual Monitoring Report 2018-19 (PDF, 138KB)

CIL Annual Monitoring Report 2017-18 (PDF, 119.85KB)

CIL Annual Monitoring Report 2016-17 (PDF, 235.KB)

CIL Annual Monitoring Report 2015-16 (PDF, 176.58KB)

 

Section 106 guidance

The S106 Guidance Note provides further information on our approach to securing S106 planning obligations.

Section 106 Guidance Note October 2014 (PDF, 339.92KB)

 

Section 106 monitoring

Details of Section 106 receipts are set out below.

S106 Agreements spreadsheets April 2019 (PDF, 1.5MB)

Section 106 Receipts April 2008 to March 2019 (PDF, 256KB)

Section 106 Guidance Note October 2014 (PDF, 339.92KB)

Summary of developer's main planning obligations for redevelopment of Barking Riverside (PDF, 70.39 KB)

From December 2020 these reports will be replaced with an Infrastructure Funding Statement.

 

Making CIL and S106 payments

Community Infrastructure Levy (CIL) and Section 106 (S106) payments

If you need to make a payment contact S106CIL@befirst.london and they will provide details of any sums payable and how to make the payment online or by BAC transfer.

If you need further information or advice email S106CIL@befirst.london.

 

Planning Policy Team

Barking Town Hall, 1 Town Square, Barking IG11 7LU

S106CIL@befirst.london