Community Infrastructure Levy
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Examination of the Draft Charging Schedule took place on the 29th November 2016 with a pdf Report (174 KB) received from The Planning Inspectorate (PINS) on the 27th January 2017. The Report concluded that, subject to modifications, the Community Infrastructure Levy (CIL) Charging Schedules for Malvern Hills, Worcester City and Wychavon provide an appropriate basis for the collection of the levy in Council's area.
The Malvern Hills CIL Charging Schedule was adopted at Full Council on Tuesday 16th May 2017. The Malvern Hills CIL Charging Schedule comes into effect on Monday 5th June 2017. The CIL Notice of Adoption can be viewed below.
pdf CIL Notice of Adoption (192 KB)
From Monday 5th June 2017, a CIL charge will apply to all relevant applications determined on or after this date (including those successful on appeal and those where a resolution to grant has been made but a S106 agreement has yet to be completed), even if they were submitted in advance of this date. CIL may also apply to Lawful Development Certificates and Permitted Development, depending on certain circumstances.
- pdf CIL Charging Schedule (5.94 MB)
- pdf CIL Indexation Update - Guidance Note (December 2023) (602 KB)
Information and guidance on how indexation will affect CIL charges for CIL liable development in Malvern Council’s administrative area.
What is the Community Infrastructure Levy?
The CIL is a locally set charge (levy) that came into force on 6 April 2010 through the CIL Regulations 2010 (as amended) which was later amended on 1 September 2019 through the CIL Regulations Amendments 2019. The CIL is a charge that local authorities in England (known as "charging authorities") can place on new development in their area. The money generated through the levy will contribute to the funding of infrastructure to support development growth in south Worcestershire.
The CIL has been jointly prepared by the three south Worcestershire Councils of Malvern Hills District Council, Wychavon District Council and Worcester City Council, but adopted separately following an independent examination by the Planning Inspectorate in the autumn of 2016. The Malvern Hills District Council CIL Charging Schedule was adopted on 16 May 2017 and came into force on 5 June 2017.
As part of the review of the SWDP the SWC are undertaking an update of the CIL Charging Schedule to align with the new local plan infrastructure requirements.
How is CIL calculated?
CIL is charged in £ per square metre. The floor area on which CIL is payable is calculated by measuring the gross internal area (or GIA) of a new development. All new build areas, including garages, are included.
The amount of CIL liable is also dependent on where the development is located within the District, the type of use proposed, the amount of floorspace that is being created and the amount that is being lost i.e. through demolition. For information about the CIL rates within your area please refer to the pdf CIL Charging Schedule. (5.94 MB)
What does CIL Fund?
Through the Infrastructure Funding Statement (IFS) charging authorities are required to set out a list of those projects and types of infrastructure that it intends to fund (either in whole or part) through the levy. The CIL is intended to supplement other funding streams, e.g., Section 106 contributions to ensure that new community infrastructure can be provided to support local growth and to give the district council and communities more choice and flexibility in how infrastructure is funded.
On the 14 February 2023 the Executive Board approved the resolution to withdraw the CIL Reg 123 List. Follow the link to the meeting here: Malvern Hills District Council - Meetings & Minutes.
Supporting Evidence
The South Worcestershire Infrastructure Delivery Plan (SWIDP) identifies the infrastructure needed to deliver the growth set out in the South Worcestershire Development Plan (SWDP). The levy will help to fund these requirements.
The CIL also needs to be informed by viability evidence. The south Worcestershire authorities need to be able to explain how their proposed levy rate (or rates) will contribute towards the implementation of the SWDP and support development across the area by striking an appropriate balance between the additional investment needed to support development and the potential effects on the viability of development.
The SWIDP and viability evidence documents are available to view via the SWDP Website.
Infrastructure Funding Statement
The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019) came into force on 1 September 2019. Under these regulations, Infrastructure Funding Statements (IFS) replace CIL Regulation 123 Lists as the mechanism through which projects are identified for CIL funding.
For the avoidance of doubt the CIL Regulation 123 Lists in the adopted Charging Schedule (and Appendix A2) no longer serves as a basis for identifying infrastructure required, where applicable from either allocated site(s) in the SWDP or from other new development for CIL spending.
The IFS will be published annually and provide a summary of all financial and non-financial developer contributions relating to S106s and CIL within the district.
The 2022/23 IFS states that during 2024 an addendum identifying infrastructure projects that the district council intends to, or may be, wholly or partly funded by CIL will be published. It will also set out the CIL spending protocol setting out the process that the district council will undertake for allocating CIL receipts.
2022/23 IFS
pdf Malvern Hills Infrastructure Funding Statement 2023 (236 KB)
- default Developer Agreement CIL 2022/2023 (1 KB)
- default Developer Agreements S106 2022/2023 (3 KB)
- default Developer Agreement Contribution CIL 2022/2023 (4 KB)
- default Developer Agreement Contribution S106 2022/2023 (5 KB)
- default Developer Agreement Transactions CIL 2022/2023 (2 KB)
- default Developer Agreement Transactions S106 2022/2023 (2 KB)
2021/22 IFS
pdf Malvern Hills Infrastructure Funding Statement 2021/2022 (235 KB)
- default Developer Agreement Contribution CIL 2021/2022 (3 KB)
- default Developer Agreement Contribution S106 2021/2022 (3 KB)
- default Developer Agreement Transactions CIL 2021/2022 (1 KB)
- default Developer Agreement Transactions S106 2021/2022 (2 KB)
2020/21 IFS
pdf Malvern Hills Infrastructure Funding Statement 2020/2021 (228 KB)
- default Developer Agreement CIL 2020/2021 (2 KB)
- default Developer Agreement S106 2020/2021 (2 KB)
- default Developer Agreement Contribution CIL 2020/2021 (4 KB)
- default Developer Agreement Contribution S106 2020/2021 (2 KB)
- default Developer Agreement Transaction CIL 2020/2021 (2 KB)
- default Developer Agreement Transaction S106 2020/2021 (5 KB)
CIL User Guide
The pdf CIL User Guide (606 KB) includes a number of examples and a frequently asked questions section.
CIL Forms
All forms relating to CIL can be found on the Planning Portal Website.
CIL Monitoring Report
pdf CIL Monitoring Report (2018/19) (184 KB)
Previous CIL Production Stages (via the SWDP website)
- Post Examination – Consultation on Revisions to the Regulation 123 List (2017)
- CIL Examination (2016)
- CIL Submission Documentation (2016)
- CIL Statement of Modifications (2016)
- Draft Charging Schedule (2016)
- Revised Preliminary Draft Charging Schedule (2015)
- Preliminary Draft Charging Schedule (2013)