The Community Infrastructure Levy (CIL) process
Contents
- The Community Infrastructure Levy (CIL) process
- Stage 1: Planning application and CIL additional information requirement form (applicant)
- Stage 2: Assumption of liability form (applicant) and acknowledgement (council)
- Stage 3: Applying for exemption of relief (applicant), acknowledgement and determining relief (council)
- Stage 4: Issue of liability notice (council)
- Stage 5: Notification to Land Charges to apply the charge to the land (council)
- Stage 6: Commencement notice (applicant) and acknowledgement (council)
- Stage 7: Issue of demand notice (council)
- Stage 8: Payment of CIL (applicant) and acknowledgement of receipt (council)
- Stage 9: Notification to land charges (council)
- Stage 10: Notification of any disqualifying event for exemption or relief (applicant)
- Stage 11: Removal of charge from land charge register at end of claw back period (council)
Stage 6: Commencement notice (applicant) and acknowledgement (council)
At least one day before commencement starts, you must submit a commencement notice to us. This informs us when the development is going to commence, and forms the basis of the dates that CIL payments will become due.
Regulation 7 states that development is to be treated as commencing on the earliest date on which any material operation begins to be carried out on the relevant land. If planning permission had previously been granted for the development for a limited period, or is granted under section 73A (development already carried out) or 177(1) (grant or modification on appeals against enforcement notices) of the Town and Country Planning Act 1990, development is treated as commencing on the day planning permission is granted for that development.
As per section 56(4) of the Town and Country Planning Act 1990, material operation includes:
- any work of construction in the course of the erection of a building
- any work of demolition of a building
- the digging of a trench which is to contain the foundations, or part of the foundations, of a building- the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as mentioned above
- any operation in the course of laying out or constructing a road or part of a road
- any change in the use of any land which constitutes material development
Failure to submit this form prior to commencement, or not at all, or providing an incorrect commencement date will result in us deeming a commencement date. We can also issue a penalty surcharge. If you are eligible for instalments, you will also lose the right to pay by instalments. If you have been issued relief or exemption, you will lose the relief or exemption.
If you submit a commencement notice, and then want to change the commencement date, just submit a revised commencement notice.
Once development commences, liability cannot be withdrawn, although it can be transferred up to the date final payment is due. If you submit a Commencement Notice, and then transfer liability before final payment is due, we will acknowledge receipt and reissue the liability and demand notices to reflect the change in liability.
Appeals
You can appeal against a deemed commencement date. This must be made to the Planning Inspectorate within 28 days of the date the Demand Notice was issued.
Last updated 07 July 2023