Introduction

This document gives notice that we have determined to make relief for exceptional circumstances available for specific developments from 20 February 2026, in accordance with Regulations 55, 56, and 57 of the Community Infrastructure Levy (CIL) Regulations 2010 (as amended).

Policy details

The exceptional circumstances relief policy is intended for use solely in connection with the specific developments (listed below) covered by the Maidstone Local Plan Review (2021-2038), adopted 20 March 2024.

Applications for exceptional circumstances relief may only be submitted in connection with chargeable developments at three specific sites as listed under the following Maidstone Local Plan Review (2021-2038) policies:

• LPRSP4 (A) – Heathlands Garden Settlement;
• LPRSP4 (B) – Lidsing Garen Community; and
• LPRSP5 (B) – Invicta Park Barracks Strategic Development Location.

Notwithstanding the above policy requirements, the proposals must also comply with the associated requirements for development, adopted in the Maidstone Local Plan Review (2021-2038), plus local and national planning policies.

The CIL rate payable for each claim will be determined in accordance with the economic viability assessment of the chargeable development.

The assessment will be undertaken by an independent person on behalf of the claimant, whose selection is with the agreement of the council.

Summary of eligibility and procedures

The claim must be submitted by a person (the claimant), who is an owner of a material interest in the relevant land. It must be submitted in writing on the claim form, and it must be received before the start of the development.

The claim form must be fully completed to be a valid claim and be accompanied by the following:

• an independent economic viability assessment, which has been undertaken by an independent person, in agreement with the Council
• an explanation of why payment of the CIL liability would be detrimental to the viability of the development
• an apportionment assessment, if there is more than one person with a material interest in the land
• if appropriate, a declaration that all those with a material interest have been notified and paragraph (6), regulation 57 has been complied with

A claim for exceptional circumstances relief can only be granted if:

• one or more planning obligations under section 106, Town & Country Planning Act 1990 have been secured in respect of the planning permission which permits the development; and
• we consider that payment of CIL would have an unacceptable impact on the economic viability of the development

The claim will lapse if development is commenced before the claimant has received a decision on the claim, or one or more of the following disqualifying events occur:

• relief or exemption is granted for charitable status, social housing relief, self-build housing or residential annexes before development is commenced
• an owner of a material interest in the relevant land disposes of that interest
• the development has not commenced at the end of the period of 12 months beginning with the day on which the claim is granted

The ability to apply for exceptional circumstances relief may be withdrawn by us upon issuing a statement to that effect and giving no less than 14 days’ notice of this.

Please refer to the regulations 55, 56 and 57, plus legislative amendments, for full details on the procedures and requirements for exceptional circumstances relief. All claims and queries should be sent to cil@maidstone.gov.uk.