Is permitted development/prior approval CIL liable?
Development permitted under a ‘general consent’ such as permitted development or prior approval is CIL liable if a new dwelling in being created (even if this is through a change of use) or if more than 100 sq m of new Class A1 – A5 use floor space is being created.
If you intend to commence development under a general consent and the development is CIL liable you will need to submit a Form 5: Notice of Chargeable Development to the council before you commence the development. This Notice must be submitted before any work commences on the site.
The notice must be accompanied by a plan which identifies the following:
- The land to which the notice relates
- Any buildings in use on that land which are to be demolished before the completion of the chargeable development;
- Any buildings in use on that land which will be part of the chargeable development on completion, and
- The development which is the subject of the notice
Further information may be required if we are unable to determine the CIL liability from the information submitted.
This form must be submitted for all applications with the suffix PA56 and PAC3.
Is there a right of appeal against a Community Infrastructure Levy charge?
Certain rights to appeal exist including against how the CIL was calculated and surcharges. Further information can be found in Planning Practice Guidance or by emailing Planning Agreements Officer (CIL) firstname.lastname@example.org
If you disagree with the CIL liability calculated in the Liability Notice you can request a review under Section 113 of the CIL Regulations. The review must be requested before the end of 28 days beginning on the day on which the Liability Notice was issued.
To do this you must write a letter clearly explaining why you consider the Liability Notice is incorrect and submit it by email with the title ‘Request for CIL 113 Review’ to: email@example.com or by post to:
Planning Agreements Officer (CIL)
Southampton City Council
If this does not resolve the issue an appeal may be made under Section 114, 115 or 116 of the CIL Regulations directly to the Valuation Office Agency.
I have sold the site but I assumed liability, what should I do?
Liability can be transferred to another person before or after a development commences but this must occur before the final payment of the CIL is due. If you want to withdraw or transfer assumed liability you need to fill out the relevant Notice and submit it to the council using one of the following forms below: