Q&As

A development site is made up of two parts—one larger part where the main development (for example a block of flats) will take place and a second smaller adjoining piece of land where a single garage will be built. The larger piece of land is owned by the developer and the smaller piece of land is owned by a third party. If the developer accepts responsibility for the Community Infrastructure Levy (CIL) liability for the whole development, what would happen if the developer became insolvent and had not paid the CIL liability? Is there a risk that the third party could become liable for the whole of the CIL liability on the developer's insolvency?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 08 April 2020
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Stop press:The Levelling up and Regeneration Act 2023 received Royal Assent on 26 October 2023. This content is currently being reviewed in accordance with the Act.

The Community infrastructure levy (CIL) was introduced by section 205 of the Planning Act 2008 (PA 2008) and came into force in 2010. It allows local authorities to raise a charge

Chris Bryden
Chris Bryden

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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Jurisdiction(s):
United Kingdom
Key definition:
Site definition
What does Site mean?

The land on which the works or development are to take place.

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