Planning policy and the Local Plan

Planning obligations and the Community Infrastructure Levy (CIL)

Planning obligations and the Community Infrastructure Levy (CIL) ensure that development contributes to the improvement of the Borough’s environment and facilities.

Find out more about CIL on the Planning Portal website.

The Newham CIL Charging Schedule was adopted by a meeting of Full Council on Monday 30 September 2013 (effective from1st January 2014), following conclusion of the public examination and receipt of the Inspector’s Report (PDF) on 22nd July 2013.

Annual Infrastructure Funding Statement

The Infrastructure Funding Statement (IFS) provides a summary of all financial and non-financial developer contributions relating to the Community Infrastructure Levy (CIL) and Deeds of planning obligation (S106 Deeds). Reporting on Section 278 Highways agreements is not a mandatory requirement of the IFS and will not be reported on.

Effective 1 September 2019 following amendments to The Community Infrastructure Levy (CIL) Regulations require any authority that issues a CIL liability notice or enter into Deeds of Planning obligation (a “contribution receiving authority”) to publish an annual Infrastructure Funding Statement by no later than 31 December in each calendar year, in relation to the previous financial year known as “the reported year”. Read the latest report (PDF).

In summary, the report provides information of:

what are Developer contributions?
what is the Community Infrastructure Levy (CIL)?
what is a Deed of planning obligation (S106 Deed)?
the infrastructure projects or types of infrastructure which the charging authority intends will be, or may be, wholly or partly funded by CIL.
a report on CIL for the previous financial year which includes the total amount of CIL received, the total amount of CIL expenditure and summary details of how CIL has been spent.
a report of planning obligations for the previous financial year which includes the sum of planning obligations entered into, the total amount of S106 Deed contributions received, the total amount of S106 Deed expenditure and a summary of how S106 Deed contributions have been spent.
The Infrastructure List - 2025/26 (PDF).

Newham’s annual Infrastructure Funding Statements (PDF) are published below; a requirement for financial years 2019/20 onwards.

Section 106 Agreements

Your application may need a Section Deeds of planning obligation (S106 Deeds). These are legal documents that set out terms for development and the public benefit to come from it. One example might be a condition that affordable units must make up 50 per cent of a new housing development. S106 Deeds can also be a source of funding for, for example, transport and parks in Newham.

 If you want to know how much money we get from Section Deeds of planning obligation (S106 Deeds) and how much we spend, read the latest report (PDF).

The Council produce an Annual Planning Obligations report which includes the Section 106 monies we secure, receive and spend for each financial year.  

Please refer to the following links to view the requested information:

A planning permission and the associated Deed of Planning Obligation will typically establish the agreed housing mix / tenure of a development. Should a Developer or Land Owner wish to increase the amount of affordable housing a scheme will deliver the Local Planning Authority would welcome the opportunity to engage on this matter by way of a planning application which would be accompanied by modifications to the Deed of Planning Obligation. The planning application will be assessed with a formal decision being issued by the Local Planning Authority in due course.

What is the Community Infrastructure Levy?

The Community Infrastructure Levy (CIL) is a charge per square metre of floorspace on new development.

The payment goes towards the cost of new infrastructure such as schools, transport links and open spaces to support new housing and jobs.

A development may be liable for CIL if:

it involves at least 100m2 gross internal area (GIA) of new build floorspace
creates one or more new dwellings
changes how a building is used, and that building has not been lawfully used for at least 6 months in the past 3 years before planning permission is given.

Charging Schedules

There are two charging schedules in effect within Newham: one adopted by the London Borough of Newham, and another previously established by the London Legacy Development Corporation (LLDC) within Newham's boundaries.

Newham also collect Mayoral CIL on behalf of the Mayor of London to fund regional significant projects like Crossrail. Visit the Greater London Authority website for more details about the Mayoral CIL and to view the associated Charging Schedule.

Newham Annual CIL Rate Summary 2025

Newham is publishing its yearly update on CIL charges. This update covers the rates that apply to planning permissions granted in 2025, as required by CIL Regulations.

Read the Newham Annual CIL Rate Summary 2025 (PDF)

London Legacy Development Corporation (LLDC) Annual CIL Rate Summary 2025

Effective 1 December 2024, Newham is the charging and collecting authority for the LLDC CIL area within Newham’s boundaries. The Annual Rate Summary is effective for planning permissions within the LLDC area granted in 2025.

Read the LLDC Annual CIL Rate Summary 2025 (PDF)

Infrastructure List

The Infrastructure List will be updated annually and sets out the types of infrastructure or projects which may be funded by Newham’s strategic CIL receipts.

Read the current CIL Infrastructure List (PDF)

CIL Procedure and Payment

Submitting your planning application

You must include a Form 1 (CIL Additional Information) when submitting a planning application. This will enable us as the Collecting Authority to determine whether your development is liable to CIL.

After planning permission is granted

Please make sure to send all forms and additional information to us at CIL@newham.gov.uk.

You must submit a Form 2 (Assumption of Liability) to assume liability to pay CIL in respect of the chargeable development. This must be submitted before commencing the development.

We will issue a CIL Liability Notice as soon as practical after the decision notice is issued. The Liability Notice will detail how much CIL will be payable should the development commences.

For development granted under general consent (such as Permitted Development Rights or a Local Development Order), you must submit a Form 5 (Notice of Chargeable Development) before starting any works. This will help us determine whether the development is liable to CIL. Not submitting the form will lead to penalties or delays.

Relief and exemptions

If your organisation is a charity, if the development is intended for social housing, or if the development is intended for self-build housing, you may qualify for relief or an exemption (either partial or full) in your CIL liability. For further details, please refer to the CIL guidance on relief and exemptions. To apply for relief, you must submit a Relief Claim form and additional information per the guidance and form to us.

Qualifying for ‘in-use’ credit

If any existing buildings on the site of the planning permission will be retained, demolished, or partially demolished as part of the proposed development, additional supporting evidence will be necessary if the building (or part of a building) has been in lawful use for at least 6 months within the past 36 months from the planning permission decision date.

The collecting authority will consider at least two of the following for demonstrating ‘in-use.’

Utility bills
Planning permission establishing lawful use (i.e. the extant permission / Certificates of use)
Water / Rates Bill

You can submit a combination of the following to support those listed above.

Copy of relevant lease agreement/s
Invoices
Council Tax
Business Rates
Goods in / out
Photographic evidence (date stamped)

NB: It is important to note that this is not an exhaustive list, and it may be that only certain items may be relevant depending on the circumstances. The information submitted for consideration should cover the same 6 month period in the 36 months.

Before you commence the development

You must submit a Form 6 (Commencement Notice) at least one day before works commence on site. It is important that you submit a valid commencement notice to avoid surcharges and late payment interest. We will issue a Demand Notice detailing the amount payable as set out in our CIL Instalment Policy.

Payment

Payment is accepted by BACS/bank transfer. When paying, please make sure you quote the CIL payment reference, i.e. CILXXXXX-LPXXXXX found on the Demand Notice and notify the payment date and amount to us at CIL@newham.gov.uk.

Account Name: London Borough of Newham

Account number: 00879113

Sort Code: 30-00-02

Review and appeals

CIL is non-negotiable. If you believe there has been a miscalculation, you may request a review under Regulation 113. This request must be submitted in writing and sent via email to CIL@newham.gov.uk within 28 days of the Liability Notice being issued and prior to the commencement of the development. You cannot request a review if a relief claim has been submitted and the claim has not been withdrawn.

If you remain dissatisfied following the outcome of the Regulation 113 review, you may submit an appeal under Regulation 114 to the Valuation Office Agency. This appeal must be made within 60 days of the original Liability Notice being issued and before the development has commenced.

Please refer to the CIL guidance on gov.uk for more information and find all CIL forms available on the Planning Portal website.

Important warning on fraudulent emails

We are aware that there have been incidents of fraudulent emails claiming to be from other local authorities changing bank details associated with CIL payments. Newham Council is not aware of any data breaches or hacking of the Council’s emails in relation to CIL notices.

If you receive a Liability Notice or Demand Notice and would like to contact the Council about this, please email CIL@newham.gov.uk.

Annual report

Annual reports prior to 2019/20 setting out financial and non-financial contributions secured, received and spent in under S106 agreements are published below:

Contact the CIL team

Email: CIL@newham.gov.uk

Contact the Section 106 Team

Email: PlanningObligations@newham.gov.uk