Discharge of/compliance with S106 agreements and CIL charges

Discharge of a Community Infrastructure Levy (CIL) Local Land Charge 

Runnymede Borough Council will automatically remove a CIL Local Land Charge where the CIL liability has been paid in full and no further review is required. 

Where an applicant, developer, landowner or their agent requests the discharge of a CIL Local Land Charge and officer assessment is required, an administrative fee will be payable to cover the Council's costs in reviewing evidence, undertaking compliance checks and updating the Local Land Charges Register. 

The relevant fee and all supporting information must be submitted before an enquiry can be registered and considered. 

CIL Local Land Charge Discharge Request (Development Not Commenced) 

If you are requesting the removal of a CIL Local Land Charge because development has not commenced, please submit the following to planning@runnymede.gov.uk:

• The fee of £319.73. Please see Planning payments
• A copy of a CON29 search result dated no more than one month before submission, showing the CIL Local Land Charge. Please see Local land charges – Runnymede Borough Council for more information
• A Statutory Declaration from the current landowner(s) confirming that no material operations have commenced in relation to the relevant planning permission, having regard to the Council's definition of commencement for CIL purposes. The declaration must be prepared and witnessed by an appropriately qualified legal professional
• Photographs and/or other supporting evidence clearly demonstrating that development has not commenced
• A covering letter requesting the discharge of the Local Land Charge, including:  
  • the full site address; and 
  • all relevant planning application reference numbers

Where multiple planning permissions are involved, the Council reserves the right to require payment of an additional fee. 

CIL Local Land Charge Discharge Request (Self-Build or Residential Annex Exemption) 

If you have been granted a Self-Build Exemption or Residential Annex Extension Exemption and wish to have the CIL Local Land Charge removed following the expiry of the clawback period, please submit the following to planning@runnymede.gov.uk: 

• The fee of £319.73 Please see Planning payments
• A Statutory Declaration from the current landowner(s), prepared and witnessed by an appropriately qualified legal professional, confirming that:
  • they have occupied the property as their principal residence throughout the relevant clawback period; and 
  • the property has not been sold, let, or otherwise disposed of during the clawback period in breach of the exemption requirements
• Documentary evidence supporting the above declaration (sufficiently evidencing the entire clawback period – normally three years from completion of the development) such as:
  • Council Tax records; 
  • utility bills; 
  • bank statements; and 
  • any other evidence demonstrating occupation throughout the clawback period
• A copy of the relevant self-build exemption confirmation and any associated compliance documentation, where available
• A covering letter requesting the discharge of the Local Land Charge, including:
  • the current site address; 
  • the site address used at the time of the planning application (if different); and 
  • all relevant planning application reference numbers

Where multiple planning permissions are involved, the Council reserves the right to require payment of an additional fee. 

Assessment of Your Request 

Once all required information and the applicable fee have been received, the Council will register the enquiry and begin its review. 

The Council may: 

• request further information or evidence; 
• review information held as part of its planning and CIL records; and 
• undertake a site visit where necessary to verify the information provided

Applicants are advised to submit requests as early as possible during any conveyancing process, as detailed assessment may be required before a decision can be issued. 

Council Response 

Following completion of its review, the Council will issue a written response to the person who submitted the request. Please note: 

• Enquiries will not be registered or processed until the required fee has been paid
• The Council may request additional information at any stage of the process
• Once an enquiry has been registered, the Council will not provide interim updates or respond to requests for progress reports whilst investigations are ongoing
• The discharge of a CIL Local Land Charge will only be confirmed where the Council is satisfied that all relevant legislative and administrative requirements have been met