Appeal a community infrastructure levy notice
How to appeal a community infrastructure levy notice
1. When you can appeal
You may appeal against a surcharge (Regulation 117) imposed by the Community Infrastructure Levy collecting authority on the following grounds:
- the claimed breach which led to the imposition of the surcharge did not occur;
- the collecting authority did not serve a liability notice in respect of the chargeable development to which the surcharge relates; or
- that the surcharge has been calculated incorrectly.
- appealing against a surcharge will suspend its effect until the Planning Inspectorate has decided the appeal in question.
You may appeal against any decision by the levy collecting authority where you disagree with the deemed commencement date given in the Demand Notice (Regulation 118).
You may appeal against the issue of a Community Infrastructure Levy (CIL) stop notice (Regulation 119) where:
- the collecting authority did not serve a warning notice before imposing the CIL stop notice; or
- the development for which the CIL stop notice was imposed has not commenced.
Deadline for appealing
appeals against a surcharge (Regulation 117) must be made within 28 days of the surcharge
appeals against a decision by the levy collecting authority to deem that development has commenced (Regulation 118) must be made within 28 days of the date the notice was issued
appeals against CIL stop notices must be made within 60 days of the date the notice takes effect.
2. How to appeal
Make your appeal by filling in the appeal form (MS Word Document, 186KB) .
See the guide on how to complete your community infrastructure levy appeal form (PDF, 126KB, 10 pages) .
3. Comment on an appeal
Anyone can comment on a community infrastructure levy appeal.
4. After you appeal
The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you the start date, what happens next and how long your appeal may take.
If anyone behaves unreasonably
You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, eg missing deadlines. You can have costs awarded against you too.
You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.
5. If you disagree with the appeal decision
You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.
Get advice from a lawyer if you’re unsure about this.
7. Recent decisions
Chichester District Council - APP/L3815/L/16/1200046 - Decision issued 21 October 2016 (PDF, 55.4KB, 2 pages)
APP/T5720/L/16/1200043 Decision isued 19th August 2016 (PDF, 101KB, 2 pages)
Poole Borough Council - APP/Q1255/L/16/1200036 Decision issued 8 July 2016 (PDF, 128KB, 3 pages)
South Lakeland District Council, APP/X1735/L/16/1200038 Decision issued 01 July 2016 (PDF, 111KB, 2 pages)
London Borough of Croydon, APP/L5240/L/15/1200030 - Decision issued 17 March 2016 (PDF, 156KB, 3 pages)
Southampton City Council, APP/D1780/L/15/1200028 - Decision issued on 5 November 2015 (PDF, 102KB, 2 pages)
London Borough of Hounslow, APP/F5540/L/14/1200013 – Decision issued 17 September 2015 (PDF, 132KB, 4 pages)
London Borough of Hounslow, APP/F5540/L/15/1200024 – Decision issued 20 August 2015 (PDF, 101KB, 2 pages)
London Borough of Ealing, APP/A5270/L/14/1200016 – Decision issued 14 July 2015 (PDF, 131KB, 3 pages)
Preston City Council, APP/N2345/L/14/1200019 – Decision issued 29 June 2015 (PDF, 131KB, 3 pages)
Purbeck District Council, APP/B1225/L/15/1200022 – Decision issued 5 June 2015 (PDF, 114KB, 2 pages)
London Borough of Merton, APP/T5720/L/14/1200015 – Decision issued 8 May 2015 (PDF, 80.1KB, 4 pages)
Havant Borough Council, APP/X1735/L/14/1200017 - Decision issued 9 January 2015 (PDF, 99.1KB, 3 pages)
Southampton City Council, APP/D1780/L/14/1200010 - Decision issued 17 July 2014 (PDF, 119KB, 3 pages)
Preston City Council, APP/N2345/L/14/1200007 - Decision issued 5 June 2014 (PDF, 140KB, 5 pages)
Published: 1 January 2012
Updated: 21 October 2016
- APP/L3815/L/16/1200046 decision added.
- APP/D3315/L/16/1200045 Decision added
- APP/T5720/L/16/1200043 Decision added
- CIL appeal APP/Q1255/L/16/1200036 decision published
- APP/X1735/L/16/1200038 decision added
- Links updated on the 'how to complete your community infrastructure levy appeal form' and removing any reference to the Planning Portal
- March and January 2016 decision added
- APP/L5240/L/15/1200030 Decision added
- First published.