Wealden District Council
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The CIL Process

Responsible Party: Applicant or Agent

Every Full, Reserved Matters and Section 73 applications for the types of development as outlined in the CIL Charging Schedule must be accompanied by Form 1: CIL Additional Information Requirement Form.

See the CIL Guidance notes which provides information on how to complete this form.

A Planning application will be invalid if there has been failure to submit a completed CIL Additional Information Requirement Form.

During the determination of a planning application if amended plans are submitted which change the floor area, an amended CIL Additional Requirements Form must be completed and sent to the Council.

If the form is not received this may delay the issuing of the decision notice.

Responsible Party: Applicant or Agent

On submission of a planning application or before determination of that planning application Form 2: Assumption of Liability and any relevant Exemption Form if you consider the development should be offered relief from paying CIL is required to be submitted.

Should the liable party change you can withdraw or transfer the liability at any time before the development commences using Form 3 or 4 – whichever is applicable.

The responsibility to pay CIL runs with the ownership of land on which the liable development will be situated.  However, the CIL Regulations recognise that other parties involved in a development may wish to assume liability for the payment of the levy.

Responsible Party: Applicant or Agent

Once planning permission has been granted the Council will issue a Liability Notice will be issued to the person(s) who have assumed liability, the landowners(s) and/or or the Applicant/Agent.

The Liability Notice will set out how much CIL will be payable. Should the liability be £0 where an exemption has been applied the Liability Notice will still be issued.

The Liability Notice is registered as a local land charge and is not a demand for payment. 

Responsible Party: Applicant or Agent

CIL becomes payable on commencement of development including demolition.

The CIL Regulations require that a liable person(s) submits Form 6: Commencement Notice to the Council stating the day that they intend to commence development.

The Commencement Notice must be submitted to the Council at least a day before the development commences.  The Council will acknowledge receipt of a Commencement Notice.

You will also be required, if not already done so, to complete and submit Form 2 : Assumption of Liability Notice

This is in addition to notifying Building Control on the commencement of works which is a separate process. 

After commencement you will not be able to apply for an exemption retrospectively. It is vital that a Commencement Notice is submitted before development commences.  The CIL Regulations provide that where a Commencement Notice has not been received before commencement, the liable person(s) will no longer be able to benefit from the Instalment Policy. In addition the Council will issue a mandatory surcharge.

Responsible Party: Wealden District Council

The Council will issue a Demand Notice to the liable person(s) following receipt of the Commencement Notice.

The Demand Notice will set out precise details of payment arrangements including instalment options, which will be payable from the date upon which development commences.

If a valid Commencement Notice has not been submitted before development commences the Council will determine a deemed commencement date and payment will be due in full on that date

If a Self Build Exemption has been applied and CIL is not payable, the liable parties will be required to submit the Self Build Exemption Form 7 Part 2 with the required documentation within 6 months of the date of completion.

Failure to submit the appropriate form and evidence within 6 months of completion of the development will result in the withdrawal of the exemption and payment in full of the liable amount.

Should the property be sold/let within 3 years of the completion date the CIL amount will become payable in full.

Responsible Party: Applicant or Agent

CIL will need to be paid in line with payment procedures which are detailed in the Demand Notice issued by the Council. 

Responsible Party: Wealden District Council

A receipt for payment will be issued and the Local Land charge will be removed.

The table of CIL surcharges sets out the possible consequences of not following the CIL procedures including the late and non-payment of CIL as set out by CIL Regulations.