CIL appeals, surcharges and enforcement

The council has the right to apply surcharges where there has been a clear breach of CIL procedures.

If you feel that a levy enforcement action is unwarranted or has been taken in error, you are encouraged in the first instance to contact the council. This is because it may be a lot quicker and easier to resolve the issue before taking more formal action. However, you should be aware that a formal appeal can be lodged no later than 28 days after the date of the notification of the surcharge by the collecting authority.

Surcharge for failing to assume liability before commencement

Failure to assume liability to pay CIL before the commencement of development may result in the council imposing a surcharge of £50 on each person liable to pay CIL.

This surcharge ensures that the costs of establishing the identities of landowners are borne by the liable parties.

What happens if a valid commencement notice is not submitted before development commences?

Failure to submit a valid commencement notice before development commences may result in the council imposing a surcharge of 20% of the CIL amount due, up to a maximum of £2,500.

We will also add daily interest to the outstanding debt at 2.5 percentage points above the Bank of England base rate up to the day the invoice is paid.

Late payment surcharge

Continued failure to pay CIL may result in the council imposing one or more late payment surcharge. Such surcharges will be imposed in the following manner:

Five per cent of the outstanding amount where payment is still overdue after 30 days, subject to a £200 minimum a further five per cent of the outstanding amount where payment is still overdue after six months, subject to a £200 minimum and a further Five per cent of the outstanding amount where payment is still overdue after 12 months, subject to a £200 minimum.

Apportionment of Liability Surcharge

Where the council is required to apportion liability to pay CIL between each material interest in the land we may impose a surcharge of £500 for each of those interests

Surcharge for failure to submit a notice of chargeable development 

Where planning permission is granted by general consent and this is commenced before a notice of chargeable development is submitted to the council the council may impose a surcharge of 20% of the chargeable amount payable, up to a maximum of £2500

Surcharge disqualifying events

This applies where a person is required to notify the council of a disqualifying event and fails to do so before the end of 14 days beginning with the day on which the disqualifying event occurs.

The council may impose a surcharge of 20% of the chargeable amount to which the disqualifying event relates, up to a maximum of £2500

Where the disqualifying event is prior to commencement of the development, the surcharge is payable on commencement of that development. In all other cases it is payable on the day that it is imposed.

Surcharge for failure to comply with an information notice

This applies where a person fails to comply with any requirements of an information notice before the end of 14 days beginning with the day on which the notice is served. The council may impose a surcharge of 20% of the relevant amount payable, up to a maximum of £1000

Legal action

When you fail to pay the Community Infrastructure Levy (CIL) the council may instigate legal action, or issue a CIL Stop Notice to cease work on the relevant development, in order to recover the outstanding debt.

Further information is available from

Forms and guidance on the planning portal web page at Relief, Exemption and Phase Credits