Appeals can be made where an applicant believes an administrative error has been made, for example in calculating the liability, omitting to send a liability notice, mistaking the commencement date of development, incorrectly applying the apportionment of liability for CIL, and against enforcement actions such as surcharges and Stop Notices.
In the first instance, a request for a review should be made in writing to the council within 28 days of the issue of the liability notice, (or 60 days of the date of the notice if it relates to a Stop Notice).
No work should be commenced on site prior to this review being carried out, otherwise the appeal will be deemed to have lapsed.
We will review the liability notice and appeal grounds, with the review being carried out by an officer who is senior to the person making the original calculation and who has had no involvement in that original calculation, and a decision will be issued within 14 days.
If the applicant disagrees with this review decision, or does not receive a response from us within 14 days, they can appeal to the following bodies within 60 days of the issue of the liability notice.
Again, work should not be commenced on site until a decision has been given, otherwise the appeal is deemed to have lapsed.
A CIL Appeals form, available on the Government’s planning portal, should be used and appeals should be directed as follows:
Appeals against the rate of a Community Infrastructure Levy cannot be made – the charging schedule, once adopted, is for fixed amounts and cannot be negotiated.
In addition, the appeal process does not apply to social housing relief or exceptional circumstances relief.
Full details about the appeal process are contained in Regulation113 – 116.