Appealing CIL
The government has set out the process and requirements for making Community Infrastructure Levy (CIL) related appeals in the CIL regulations 2010 (as amended). Appeals can be made where an applicant believes an administrative error has been made, for example in calculating the liability, mistaking the commencement date of development (deemed consent date), incorrectly applying the apportionment of liability for CIL and against enforcement actions such as surcharges, interest and stop notices. Further details of the legislation are provided in part 10 of the legislation and as amended in regulation 11 of the legislation.
The CIL regulations state that a person cannot request a review from us or appeal to the Valuation Office Agency (VOA) if the development has already started.
First stage - review request
In the first instance if you are unhappy with your liability notice calculation the apportionment of the liability, or a charitable relief apportionment assessment, a request for a review should be made in writing to us within the below time restrictions.
| Review subject | Time period |
|---|---|
| Calculation of chargeable amount (regulation 114) | Within 28 days of the issue of the liability notice |
| Apportionment of liability (regulation 115) | Within 28 days of the issue of the demand notice |
| Charitable relief (regulation 116) | Within 28 days of the issue of the charitable relief notice |
When writing to us please state clearly the grounds of your review and email or post to:
CIL Project Officer,Strategic Planning,
Maidstone Borough Council
Maidstone House,
King Street,
Maidstone
ME15 6JQ
The request may be accompanied by written representations in connection with the review. Since only one review is allowed and we will make our decision on the information submitted, applicants are advised that additional information could help their application.
We will acknowledge the request and will review the grounds for the requested review. This will be carried out by an officer who is senior to the person who made the original calculation and who had no involvement in that original calculation. The collecting authority must notify the person who requested the review of the decision and the reasons why within 14 days of the date on which we receive the request for a review under regulation S113.
When making a decision, we will either confirm the original amount or calculate a revised chargeable amount.
Second stage - appeal
If the applicant disagrees with the review decision we have made, or does not receive a response from us within 14 days of us receiving the request, an applicant can appeal to the Valuation Office Agency against a calculation of the levied chargeable amount in a Liability Notice within 60-days of the issue of the Liability Notice. Work should not be commenced on site until a decision has been given, otherwise the appeal is deemed to have lapsed.
What can be appealed
There are two different appeal bodies who adjudicate on the CIL process. The Valuation Office Agency (VOA) and the Planning Inspectorate (PINS). An appeal can be made to the:
- Valuation Office Agency (VOA) against a calculation of the levied chargeable amount in a Liability Notice or also against the apportionment of liability for the levy
- Planning Inspectorate (PINS) concerning enforcement actions regarding the levy such as surcharges being levied, stop notices and against decisions by collecting authorities to deem that development has commenced.
Appeal applications should be made in writing on a form provided by the VOA and PINS available on the Government’s CIL Guidance.
What cannot be appealed
Appeals against the rate of CIL cannot be made. The charging schedule is for fixed amounts and cannot be negotiated.
For further information please contact us.