The administration of CIL involves a number of legal processes at various stages of development. If the stages are not complied with, for example you fail to submit a commencement notice then various financial penalties can apply.
The following pages explain CIL requirements in more detail. To summarise these, before commencement of development you must provide:
- assumption of liability for CIL
- the intended date of commencement for the development
- Details of any reliefs/exemptions that you intend to apply for, before development commences.
Failure to provide these details can result in the removal of the ability to pay CIL in instalments, the full sum being payable immediately, and the removal/refusal of exemptions or reliefs. We can also impose surcharges up to £2,500. Late payment of CIL will also incur surcharges and will accrue interest. Failure to pay at all will result in enforcement action, including court action.
Below is a step-by-step guide to try and help you through the process. All forms are supplied by the Planning Portal but should be returned to Cheshire West and Chester Council.
Contact the CIL Monitoring Officer on:
- Email: firstname.lastname@example.org or
- Telephone: 0300 123 7027 if you need any further information.
The Council will issue acknowledgement letters for the Assumption of Liability Notice, application for any relief or exemption, Commencement Notice and any CIL payment received.
It is in the liable parties’ interest to ensure that they receive all relevant acknowledgements before starting work.
- Stage 1: Planning Application and CIL Additional Questions Form (Applicant)
- Stage 2: Assumption of Liability Notice (Applicant) and acknowledgement (Council)
- Stage 3: Issue of a Liability Notice (Council)
- Stage 4: Applying for relief (Applicant) and determining relief (Council)
- Stage 5: Commencement Notice (Applicant) and acknowledgement (Council)
- Stage 6: Issue of Demand Notice (Council)
- Stage 7: Payment of CIL (Applicant) and acknowledgement of receipt (Council)
- Stage 8: Notification to Land Charges (Council)
- Stage 9: Notification of any disqualifying event (Applicant)
Some developments do not require planning permission and can be carried out under 'permitted development'. However, these developments may be of sufficient size to be liable for CIL. You must therefore complete and return a 'Notice of Chargeable Development' to us. We can then calculate and apply a CIL charge.
Failure to complete a Notice of Chargeable Development will incur a penalty surcharge of up to £2,500.
Is there any other way to pay CIL?
There may be situations where the charging authority and the person liable for the levy will provide land and/or infrastructure to be provided, instead of money, to satisfy a CIL charge. This is known as Payment in Kind and our Payment in Kind policy sets out the requirements.
More information can be found on the Gov.UK website or by contacting the CIL Officer.