CIL appeals

Appeals can be made against CIL charging decisions to the Valuation Office Agency (VOA) and against CIL enforcement decisions to the Planning Inspectorate (PINS).

Appeals cannot be made against CIL decisions concerning social housing relief and exceptional circumstances relief.

Appeals are possible on the grounds that we:

  • incorrectly calculated the amount of CIL (before making the appeal you must first request an internal review by us)
  • incorrectly apportioned liability between landowners
  • incorrectly determined Charitable Relief
  • incorrectly applied surcharges
  • deemed the development to have commenced when it did not
  • incorrectly issued a Stop Notice for non-payment

Enforcement

Unlike section 106 agreements, CIL is not a negotiated process. If a development is liable for CIL, payment is mandatory. There are strong enforcement powers and penalties for failure to pay, including Stop Notices, surcharges, late payment interest and prison terms.