How to Appeal a CIL Enforcement

How to appeal a community infrastructure levy notice under Regulation 117, 118 or 119

  • Contents

1. When you can appeal
2. How to appeal
3. Comment on an appeal
4. After you appeal
5. If you disagree with the appeal decision
6. Contact
7. Recent decisions

1. When you can appeal

You may appeal against a surcharge (Regulation 117) imposed by the Community Infrastructure Levy collecting authority on the following grounds:

  • the claimed breach which led to the imposition of the surcharge did not occur;
  • the collecting authority did not serve a liability notice in respect of the chargeable development to which the surcharge relates; or
  • that the surcharge has been calculated incorrectly.
  • appealing against a surcharge will suspend its effect until the Planning Inspectorate has decided the appeal in question.

You may appeal against any decision by the levy collecting authority where you disagree with the deemed commencement date given in the Demand Notice (Regulation 118).

You may appeal against the issue of a Community Infrastructure Levy (CIL) stop notice (Regulation 119) where:

  • the collecting authority did not serve a warning notice before imposing the CIL stop notice; or
  • the development for which the CIL stop notice was imposed has not commenced.
  • Deadline for appealing

    • appeals against a surcharge (Regulation 117) must be made within 28 days of the surcharge
    • appeals against a decision by the levy collecting authority to deem that development has commenced (Regulation 118) must be made within 28 days of the date the notice was issued
    • appeals against CIL stop notices must be made within 60 days of the date the notice takes effect.
    • 2. How to appeal
      Make your appeal by filling in the appeal form (MS Word Document, 186KB) .

    See the guide on how to complete your community infrastructure levy appeal form (PDF, 126KB, 10 pages) .

    3. Comment on an appeal
    Anyone can comment on a community infrastructure levy appeal.

    4. After you appeal

    The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you the start date, what happens next and how long your appeal may take.

    If anyone behaves unreasonably

    You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, eg missing deadlines. You can have costs awarded against you too.

    You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

    5. If you disagree with the appeal decision

    You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

    Get advice from a lawyer if you’re unsure about this.

    6. Contact

    Contact The Planning Inspectorate for links to a number of recent decisions.

     

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