The CIL process
CIL involves a number of stages, which are legal processes that must be complied with in order to administer CIL effectively. If the stages are not complied with, for example you fail to assume liability or submit a commencement notice, then we have a range of penalties we can impose.
Important note: These pages explain CIL requirements in more detail. In summary, if your development is CIL liable, you must notify us of your intent to commence works BEFORE development starts on site. You must also have notified us of the person(s) who will assume liability to pay CIL, and made any applications for relief (and received a decision), BEFORE commencement. Failure to do so will result in the removal of any instalments granted, with the full sum due immediately, and the removal or refusal of relief. We can also impose surcharges of up to £2,500. Failure to pay on time will result in interest and surcharges being added. Failure to pay at all will result in enforcement action, including court action.
It's therefore important that you understand what you need to do and when.
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 the Borough Council. Contact the CIL Officer using the details on the right if you need any further information.
The Council will issue acknowledgement letters for all CIL forms submitted. It is in the liable persons interest to ensure that they receive all relevant acknowledgements before starting work. We will be able to issue acknowledgements more speedily if an email address is provided.
Stage 1: Planning Application & 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)
The process set out above will apply in the majority of cases. However, there may be a few situations where the process is different such as that generated from consent under Permitted Development.
Permitted Development
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.
- Download Form 5: Notice of Chargeable Development from the Planning Portal (external link)
Contact the CIL Officer if you require further advice.