Where CIL is payable, this will be due 30 days from the date of commencement. The Council will issue a Demand Notice and an Invoice to the liable parties. Should the payment not be made by the due date, then surcharges will be applied.
Payment by instalments is allowed where the CIL amount payable is £500,000 or above – see page 5 of the Adopted Charging Schedule November 2015.
Where the CIL amount is below £500,000, the amount is payable in full.
Payment can only be made via BACS or by Debit/Credit card and the invoice number must be quoted. A receipt will be issued following payment of a CIL Invoice.
From 22nd July 2020 the Government have introduced new regulations making it possible to apply to defer a CIL payment subject to a number of criteria. For more information please see our page Paying for CIL and COVID-19
How much will I pay?
Relevant development granted planning permission from the 1st April 2016 will be charged in accordance with the rates set out in the Council’s Adopted Charging Schedule November 2015.
Please note: These rates are reviewed on 1st January each year in line with the Building Cost Information Service (BCIS) All-In TPI Index (taken at November the previous year).
|Development||Residential Higher Band||Residential; Lower Band||Retail Comparison||Retail Convenience|
|Rate at April 2016 per sqm||£200.00||£150.00||£20.00||£100.00|
|Rate at April 2017 per sqm||£210.99||£158.24||£21.10||£105.49|
|Rate at April 2018 per sqm||£235.89||£176.92||£23.59||£117.95|
|Rate at April 2019 per sqm||£232.97||£174.73||£23.30||£116.48|
|Rate at April 2020 per sqm||£244.69||£183.52||£24.47||£122.34|
|Rate at January 2021 per sqm||£243.96||£182.97||£24.40||£121.98|
Note 1: The above rates give a good indication of how much CIL will cost but for a precise figure please use the CIL formula below.
Note 2: Details of where the Residential Higher and Lower Bands can be found in the Adopted Charging Schedule November 2015 – pages 14 to 16
The Formula for calculating CIL is set out below:
CIL Charge = (R x A x Ip) / Ic
Where R= The CIL Charging Rate
A = The Deemed Net Area Chargeable
Ip = The Index Figure for the year in which the planning permission was granted
Ic = The Index Figure for the year in which ‘R’ took effect
R= £150 Lower Residential Rate
£200 Higher Residential Rate
£20 Commercial – wholly or mainly Comparison
£100 Commercial – wholly or mainly Convenience
A = The Net Floor Area
Ip = 2016/17 = 273
2017/18 = 288
2018/19 = 322
2019/20 = 318
2020/21 = 334
2021 = 333
Ic = 273
Worked Example where Planning Application Decision was issued in June 2018
CIL Charge = £200 x 238 sq m x 322 / 273 = £56,143.59
CIL guidance – Penalties, Surcharges and Enforcement
The following sets out the possible consequences of not following the CIL procedures, late and non-payment of CIL as set out in the CIL Regulations 2010-2014.
Failure to assume liability to pay CIL before the commencement of development may result in the Council imposing a surcharge of £50 per landowner subsequently discovered. This surcharge ensures that the costs of establishing the identities of landowners are borne by the liable parties. In addition the liable person will not be able to benefit from the instalment policy (Regulation 80).
- 5% of the outstanding amount where payment is still overdue after 30 days, subject to a £200 minimum;
- 5% of the outstanding amount where payment is still overdue after six months, subject to a £200 minimum;
- 5% of the outstanding amount where payment is still overdue after 12 months, subject to a £200 minimum.
CIL is registered as a local land charge and the charge can be enforced if payment is not received.(Regulation 107)
As soon as practicable after the grant of planning permission the Council will issue the CIL Liability Notice. If you disagree with this Notice you must first request a review under Section 113 of the CIL Regulations within 28 days of the date of the CIL Liability Notice
The first stage of appeal is to send an email stating why you think the Liability Notice is incorrect. Please send this to email@example.com
If this does not resolve the issue an appeal can be made to the Valuation Office Agency (VOA)
The following further Appeals can be made directly to the Valuation Office Agency or the Planning Inspectorate (as appropriate) during the CIL process:
- Chargeable Amount Appeal (Section 114);
- Apportionment of Liability Appeal (Section 115);
- Charitable Relief Appeal (Section 116);
- Exemption for Residential Annexe Appeal (Section 116A);
- Exemption for Self-Build Housing Appeal (Section 116B);
- Surcharge Appeal (Section 117);
- Deemed Commencement Appeal (Section 118);
- CIL Stop Notice Appeal (Section 119).