Appeals
Appeals can be made against all aspects of the Community Infrastructure Levy collection and enforcement system, from the levy collection authority’s calculation of the amount due, to any enforcement actions it may take.
Appeals should be made either to the Council (as a written request for a Review of chargeable amount under Regulation 113), 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 lodge a CIL appeal can be found on the GOV.UK website as part of the National Planning Practice Guidance, with specific details as follows:
Grounds of challenge | Appeal made to | Deadline for appeal | Notes | |
---|---|---|---|---|
First instance | Second instance | |||
Review of chargeable amount (Reg 113 and Reg114) | Council | VOA | Within 28 days of date of Liability Notice (Council).Within 60 days of date of Liability Notice (VOA). | - |
Apportionment of liability (Reg 115) | VOA | - | - | - |
Grant of charitable relief (Reg 116) | VOA | - | Within 28 days of the date of decision on the claim for relief | Lapses if development commences before appeal decision |
Grant of exemption for residential annex (Reg 116A) | 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 (Reg 116B) | VOA | - | Within 28 days of the date of decision on the claim for exemption | Lapses if development commences before appeal decision |
Surcharges (Reg 117) | PINS | - | Within 28 days of the date of notification | Specific conditions apply |
Deemed commencement, or deemed commencement date (Reg 118) | PINS | - | Within 28 days of the date of Demand Notice issue | Specific conditions apply |
CIL Stop Notice (Reg 119) | PINS | - | Within 60 days of the stop notice taking effect | Specific conditions apply. Stop Notice continues to have effect whilst appeal is outstanding. |