CIL appeals, surcharges and enforcement

Information and advice about the various appeals under the CIL Regulations is provided in the individual sections. however in addition to the particular types of appeals already referred to elsewhere the following appeals should be noted:

Appeals against the apportionment of liability for the levy

You may appeal to the VOA against any apportionment of liability carried out by the council. Any such appeal must be made within 28 days of receiving a Demand Notice. The CIL Levy (including any surcharges) relating to the development will be suspended pending the outcome of the appeal.

Appealing date of commencement

You may appeal to the Planning Inspectorate against any decision by the council to deem that development has commenced incorrectly. This appeal must be made within 28 days of receiving notice of such a decision by the council. Where an appeal is allowed, any enforcement decisions relating to the deemed date of commencement, including the imposition of any surcharges, will be suspended pending the outcome of the appeal.

Appeal against a CIL stop notice

You may formally appeal a CIL stop notice if you are aggrieved at the decision of the council to impose a stop notice on the following grounds:

1. The council did not serve a warning notice before imposing the CIL stop notice.
2. The development to which the CIL stop notice was served has not commenced.

The CIL stop notice continues to have effect while the appeal is outstanding.

Any such appeal must be made before the end of 60 days beginning with the date the CIL stop notice takes effect. 

Appealing a surcharge

You can appeal against a surcharge to the planning inspectorate within 28 days of the surcharge being imposed on the following grounds:

1. The claimed breach which led to the imposition of the surcharge did not occur.
2. The collecting authority did not serve a liability notice in respect of the chargeable development to which the surcharge relates.
3. That the surcharge has been calculated incorrectly.

Payment will be suspended until the Planning Inspectorate has decided the appeal.

Government information about appeals  Appeals dealt with by the valuation office agency

Planning Inspectorate: Appeal a community infrastructure levy notice under Regulation 117, 118 or 119.