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CIL appeals

An appeal can be made where the applicant can demonstrate that:

  • The Council incorrectly calculated the amount of CIL
  • The Council incorrectly apportioned liability between landowners
  • The Council incorrectly determined Charitable Relief
  • The Council incorrectly determined the Residential Annexe exemption
  • The Council incorrectly determined the Self-Build exemption
  • The Council incorrectly applied surcharges
  • The Council deemed the development to have commenced when it did not
  • The Council incorrectly issued a stop notice for non-payment

There are no other grounds for appeal under the CIL regulations.

However, an appeal system does not exist for social housing relief.

Appeals must be made before you commence development, and in accordance with any deadlines specific to the particular grounds of challenge. If the development starts before an appeal decision is received, the appeal will lapse.

Appeals should be made either to the Council, the Valuation Office (VOA) or the Planning Inspectorate (PINS). The table below sets out which body you should apply to.

More detail on how to apply to either the VOA or PINS can be found on the Planning Portal.

Grounds   of challenge

Appeal   made to

Deadline   for appeal

Notes

First instance

Second   instance

Review of chargeable amount

Council

VOA

Within 28 days of date of liability notice (Council). Within 60 days of date of liability notice (VOA)

 

Apportionment of liability

VOA

-

   

Grant of exemption for charitable

VOA

-

Within 28 days of the date of decision on the claim for exemption

Lapses if development commences before appeal decision

Grant of exemption for residential annex

VOA

-

Within 28 days of the date of decision on the claim for exemption

Lapses if development commences before appeal decision

Grant of exemption for self building housing

VOA

-

Within 28 days of the date of decision on the claim for exemption

Lapses if development commences before appeal decision

Surcharges

PINS

-

Within 28 days of the date of notification

Specific conditions apply

Deemed commencement, or deemed commencement date

PINS

-

Within 28 days of the date of demand notice issue

Specific conditions apply

CIL Stop Notice

PINS

-

Within 60 days of the stop notice taking effect

Specific conditions apply. Stop Notice continues to have effect whilst appeal is outstanding.

 

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