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CIL examination

The steps taken to implement CIL

Initial consultation

An initial consultation took place with some developers and interested parties in January 2014. This helped us to make sure we were on the right track for writing the Charging Schedule. 

The charging schedule then has to have two rounds of public consultations before being submitted for Examination by a planning inspector.

The first consultation was carried out in December 2014 to January 2015; Information and comments provided from this consultation helped us to revise our documentation.

We have since setup a Draft Charging Schedule.

Preliminary Draft Charging Schedule – January 2015

In accordance with Regulation 15 of the CIL Regulations (2010) (as amended 2011) we produced a Preliminary Draft Charging Schedule. This together with the accompanying documents set out the Charging Schedule: the assumptions and methodology used together with the evidence upon which the draft rates have been based.

Our Cabinet (on 4 November, subsequently ratified by the Council on 28 November 2014) agreed to move forward and carry out consultation on a Preliminary Draft Community Infrastructure Levy (CIL) Charging Schedule. For the purposes of the consultation the draft CIL rates were to be those outlined in the consultant’s Viability Study.

We consulted on this package. Comments were invited on the Preliminary Draft Charging Schedule and accompanying documents between Friday 30 January until 5pm on Friday 27 Friday 2015. Comments made were taken into consideration, before drawing up a Draft Charging Schedule for Examination.    

Draft Charging Schedule - March 2016

The Draft Charging Schedule was set up in March 2016.

The formal public consultation of the Draft Charging Schedule lasted for six weeks from Monday 14 March to 5pm Monday 25 April 2016.

The relevant documents that made up the consultation are:

1.    CIL Draft Charging Schedule

2.    Draft Reg 123 List 

3.    Draft Instalments Policy 

4.    Summary of representations to the Preliminary Draft Charging Schedule

5.    Viability Study 

6.    Infrastructure Study 

7.    Introduction and Background Information 

We took into account comments made before moving onto the Examination stages.

Submission of Draft Charging Schedule for Examination

Submission of CIL documents to the Examiner

(Community Infrastructure Levy Regulations 2010 - Regulation 19)

As noted in the above paragraph we sought representations on a Draft Charging Schedule between 14 March and 25 April. In response to this consultation we asked the Planning Inspectorate to undertake an Examination of its CIL Draft Charging Schedule. We formally submitted the Draft Charging Schedule to the Examiner on 10 June 2016.

In accordance with Regulation 19(3) we have made the following documents available for inspection.

1. CIL Draft Charging Schedule

2. Draft Reg 123 List 

3. Recommended Instalments Policy

4. Summary of representations to the Preliminary Draft Charging Schedule (January 2015)

5. Summary of the representations to the Draft Charging Schedule (March 2016)

6. Detailed Submissions in respect of the Draft Charging Schedule (March 2016)

7. Post Preliminary Draft Charging Schedule Viability Study update

8. Infrastructure Study (May 2015)

9. Introduction and Background Information on the Drat Charging Schedule

10. Notice of the consultation on the CIL Draft Charging Schedule and Statement of Representations

The Draft Charging Schedule documents including the full text of the responses can be viewed on the consolation portal link below:

These documents are also available to inspect at:

Borough Council Offices

  • King's Court, Chapel Street, King's Lynn, Norfolk, PE30 1EX (Mon, Tues, Thurs 8.45am - 5.15pm, Wed 9.30am - 5.15pm, Fri 8.45am - 4.45pm)
  • Valentine Road, Hunstanton, Norfolk, PE36 5EF (Mon - Thurs 9am - 5pm, Fri 9am - 4.45pm)
  • The Priory Centre, Priory Road, Downham Market, Norfolk, PE38 9JT (Mon - Thurs 9am - 5pm, Fri 9am - 4.45pm)

Norfolk County Council Public Libraries at:

  • King's Lynn (Mon, Tues, Wed, Thurs, Sat 9am - 5pm and Fri 9am - 8pm)
  • Gaywood (Mon, Tues 10am - 5pm, Thurs 10am - 8pm, Sat 9.30am - 5pm and Sun 10am - 1pm)
  • Hunstanton (Mon, Tues, Fri 10am - 5pm, Wed 10am - 7pm and Thurs, Sat 10am - 1pm)
  • Dersingham (Mon 1.30pm - 7.30pm, Wed 10am - 1pm and 2pm - 5pm, Thurs 10am - 1pm and 2pm - 7.30pm and Sat 10am - 1pm)
  • Downham Market (Mon, Sat 9.30am - 1pm, Tues 9.30am - 7pm and Wed, Thurs, Fri 9.30am - 5.30pm)

Examination of Draft Charging Schedule

You can view our Notice advising of Community Infrastructure Levy Public Hearing.

We submitted our CIL Draft Charging Schedule to the Planning Inspectorate on Friday the 10 June 2016 for public examination, in accordance with Section 212 of the Planning Act 2008 (as amended).

The Community Infrastructure Levy Draft Charging Schedule sets out proposed charges for development in King’s Lynn and West Norfolk to help support infrastructure provision. 

The Draft Charging Schedule is now subject to independent examination under Regulation 21 of the Community Infrastructure Levy Regulations 2010 (as amended).

We have appointed Mr Philip Staddon BSc, Dip MBA MRTPI as the Examiner who will conduct the public examination.

The Examination in Public took place on the Tuesday the 6 of September 2016. A Programme Officer was been appointed to assist the examiner in running the examination.

Any correspondence or queries relating to the Examination should be directed to the Programme Officer, Miss Lesley Morton, c/o Borough Council of King’s Lynn and West Norfolk, Kings Court, Chapel Street, King’s Lynn, Norfolk, PE301EX, or by telephoning 01553 616819,  or via email:

The Draft Charging Schedule documents including the full text of the responses can be viewed on the consultation portal, via the link below:

Examiner’s note and hearing agenda

The hearing sessions were in the form of structured ‘round table’ discussions, which the Examiner will chair. The sessions provided an opportunity for him to explore and test our evidence and the DCS proposals. Importantly, the sessions allowed Representors to explain their views, and any challenges to our proposals, directly to the Examiner (the ‘right to be heard’).

The Examiner set out an agenda for the hearing sessions. Each of the agenda topic issues were discussed, and contributions invited from us, and from participating Representors.

To find out more please view our BCKLWN CIL hearing sessions agenda.

CIL Additional Material

At the Examination on the 6 September 2016 the Examiner Mr Phillip Staddon who is conducting the Examination into the Draft Charging Schedule proposed by us requested further information / clarification of a number of issues.

He requested responses from us by the 20 September 2016, to be then circulated to those making representations. This has been carried out via email. He requested that any comments be returned to him via the Programme Officer by the 4 October 2016 5:00pm.

It is important to note that only those who made a representation at the previous stage are able to comment upon this additional material.

We have prepared the following responses to the queries (available below). A contents list is provided, and the responses are numbered and follow on.

Our responses aim to clarify the assumptions we have used to calculate the potential impacts of a CIL charge. We have sought to correct material as necessary, and therefore give a more transparent set of figures. We also explain where more up to date material referred to at the Examination fits into our evidence.

To find out more please view our CIL examination additional material.

CIL Examination Inspectors Report

We received the Inspectors Final Report on 21 November 2016. We have updated our CIL Charging Schedule in line with the Inspectors recommendations. And we've prepared a Cabinet Report, which has been agreed at a Cabinet meeting on 6 December 2016.

Formal adoption of CIL

The CIL schedule and supporting documents were agreed and formally adopted at the full Council meeting on 19 January 2017. 

Formal commencement of CIL

CIL formally commenced on 15 February 2017. From this date all planning permissions issued which are included in the Charging Schedule are liable to pay CIL. 

If you have questions regarding CIL please contact Amanda Driver our CIL Officer on 01553 616443 or by email:

CIL regulation amendments

The CIL Regulation Amendment 2019 removes Section 123. This means the requirements of the Reg 123 List no longer apply.

So, the CIL Regulation 123 list will now be used as an informative document. It will inform how infrastructure may be delivered and funded in the borough through:

  • CIL income
  • section 106 planning obligations 

Our CIL Regulations 123 list will be replaced by our new Infrastructure Funding Statement by 31 December 2020.