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CIL appeals

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

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

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

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 us, the Valuation Office (VOA) or the Planning Inspectorate (PINS). The table below sets out which body you should apply to.

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

Grounds of challenge

Appeal made to first/second instance

Deadline for appeal

Notes

Regulation

Review of chargeable amount

Council/VOA

Within 28 days of date of liability notice (Council)

 

Within 60 days of date of liability notice (VOA)

 

Regulation 113 - Council

 

 

Regulation 114 - VOA

 

Apportionment of liability

 

VOA

 

 

Regulation 115

 

Grant of exemption for charitable relief

 

VOA

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

Lapses if development commences before appeal decision

Regulation 116

 

Grant of exemption for residential annex

 

VOA

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

Lapses if development commences before appeal decision

Regulation 116A

 

Grant of exemption for self-build housing

 

VOA

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

Lapses if development commences before appeal decision

Regulation 116B

 

Surcharges

 

PINS

Within 28 days of the date of notification

Specific conditions apply

Regulation 117

 

Deemed commencement, or deemed commencement date

 

PINS

Within 28 days of the date of demand notice issue

Specific conditions apply

Regulation 118

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.

Regulation 119

 

 

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