What is the difference between CIL and Section 106 agreements?

Community Infrastructure Levy (CIL) money does not need to be used for providing infrastructure on the site it is collected from. The relationship therefore between a site’s infrastructure requirements and level of contributions made is broken, although any infrastructure which is directly required as a result of a development will continue to be sought through section 106, as will affordable housing provision.

Section 106 agreements will therefore remain alongside CIL but will be restricted to that infrastructure required to directly mitigate the impact of a proposal. The regulations restrict the use of planning obligations to ensure that individual developments are not charged for the same items of infrastructure through both planning obligations under Section 106 and CIL.

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