CIL Appeals and Surcharges
If you do not agree with the CIL calculation in which is the basis of the liability notice that you have received, please email us detailing any information that will help us conduct a further review. In all instances where you are minded to appeal, it would be best to get in contact with the CIL Team prior to the appeal submission. The CIL team can be contacted via CIL@cotswold.gov.uk.
CIL appeals are subject to their own appeals procedures under the CIL Regulations 2010 (as amended). There is a right of appeal on the following CIL matters:
- Chargeable Amount Appeal (Reg. 114)
- Apportionment of Liability Appeal (Reg. 115)
- Charitable Relief Appeal (Reg. 116)
- Exemption for Residential Annexes Extensions Appeal (Reg. 116A)
- Exemption for self-build housing Appeal (Reg. 116B)
- Surcharges Appeal (Reg. 117)
- Deemed Commencement Appeal (Reg. 118)
- CIL Stop Notice (Reg. 119)
Appeals under Regulations 114, 115, 116, 116A and 116B are administered by the Valuation Office Agency (VOA). Information on how these appeals are administered and how to make an appeal under one of these regulations is located on the Gov.uk - Making a CIL Appeal website.
Appeals under Regulations 117, 118 and 119 are administered by the Planning Inspectorate. Information on how these appeals are administered and how to make an appeal under these regulations is located on the Gov.uk - Appeal a CIL Enforcement Notice website.
CIL is an administrative form based process. This is very strict about which form needs to be submitted at specific times throughout the process . This is not only for the applicant or liable party; it is a two way process in which we, as the Charging Authority, must also acknowledge and send specific documentation at certain times.
Where possible our CIL Team will send you alert emails if we believe that we are approaching a milestone that requires submission of a form. However, we cannot guarantee this alert service, and the CIL Regulations state that the onus is very much on the applicant/agent or liable party to be aware of imminent milestones.
Surcharges and interest can be applied to applications where there has been a:
- Failure to submit CIL Forms
- Failure to inform of a disqualifying event
- Late payment
- Failure to comply with information from us as the Charging Authority
The Council has produced a guidance document with possible surcharges.
The CIL Regulations also give guidance to the Charging Authority Enforcement Provisions in the recovery of CIL which can also include CIL Stop Notices which cease development until such time that the outstanding levy has been collected.