What you need to do

The Council will determine whether the development proposed is liable for CIL and if so, calculate the amount of CIL that is liable based on the information submitted on the CIL Additional Information Form (Form 1) or in the case of permitted development/prior approval/Lawful Development Certificates (LDC) for a proposed use the information on the Notice of Chargeable Development Form (Form 5)

Before development commences (see definition of commencement of development for the purposes of CIL) the following forms must be submitted to the Council prior to commencement of development.

• Assumption of Liability Form
• Application for an Exemption or Relief if the development qualifies
• Commencement Notice

Please note that all CIL forms (except Form 1) need to be dated and manually signed by the liable person or claimant. Forms cannot be signed by an agent on the liable person’s behalf.  All CIL forms must include handwritten signatures - typing in a person(s)/company name is not acceptable, even where it says “Name -”, it must be a signature not just a name. 

Please also note that this Council does not accept any CIL Forms, other than the Form 1, prior to a positive decision being issued on a planning application/consent.  This is because there can be no chargeable development or liability or exemption to claim prior to a formal decision being issued, and therefore all other forms need to dated after the planning decision date.  

The Council has produced a self-build exemption guidance for claimants to help them understand the self-build relief process and extension exemption process. For more details, please visit exemption guidance for claimants. 

On receipt of the Assumption of Liability Notice the Council will acknowledge receipt and issue a Liability Notice where permission has been granted. The Liability Notice states how much CIL is payable and when, including if paying by instalments. Where no one has assumed liability to pay CIL and the Council is aware that the development has started, the liability will default to the owner(s) of any material interest in the land. Where it is one person, they are responsible for payments. Where it is more than one person, the Council will apportion liability.

•   CIL collection process

On receipt of the Commencement Notice the Council will acknowledge receipt and issue a Demand Notice for the CIL payment, setting out the payment due dates in line with the Council's Instalments Policy if applicable and how to pay. 

On commencement of development you should follow the correct payment procedure. The Council will issue a receipt for each payment received. 

WARNING: If no one has assumed liability to pay the CIL charge or a Commencement Notice has not been received by the Council prior to development commencing, the CIL charge will be payable in full rather than by instalments. The Council may also apply surcharges and/or take enforcement action for failure to submit the correct forms prior to commencement of development. 

Further guidance on CIL can be found on the Planning Portal webpages or GOV UK

• Planning Portal
• GOV UK - Community Infrastructure Levy

Definition of commencement of development for the purposes of CIL: 

Is the commencement of any material operations on site, under Commencement of development Part 7 of the CIL Legislation and under the definition of Section 56 of the Town and Country Planning Act 1990 .   
 
Commencement of material operations for CIL purposes is not the same as that for the purposes of the planning process/discharge of conditions process, and where relevant and in accordance with CIL Regulations, commencement of material operations on site would trigger the full payment of the CIL chargeable amount (plus any surcharges and Late Payment Interest) immediately, if the correct CIL statutory forms have not been submitted and acknowledged (including exemptions for Self-Build, Extensions, Annexes and Affordable Housing) by this Charging Authority.  In accordance with CIL Regulations, the Council can place a Stop Notice on a development site which will require the immediate cessation of any/all works until the matter is resolved to the Council’s satisfaction.