CIL administration and collection

The Community Infrastructure Levy (CIL) for Chichester came into effect on 1 February 2016. The CIL is a standard, non-negotiable charge applicable to developments where there is a net increase of 100 square metres of floor space or the creation of one or more dwellings.

The money raised is used to fund infrastructure projects in the Local Plan area, this includes for example education, transport, flood defences and open space as set out within the Regulation 123 list. A portion of the funds will be passed to Parish Councils for CIL liable development that has taken place within their parish.

To see the types of development that are CIL liable and the rates, please open the CIL Charging Schedule.

CIL Charging Schedule

Note:

  1. Minor development with a gross internal area which is less than 100 square metres is automatically exempt from the CIL, provided it isn't for the development of a whole dwelling.
  2. Developments of less than 100 square metres are CIL liable if the development will result in a whole dwelling (this can include residential annexes).
  3. All other exemptions (social housing and self-build) are not automatic and have to be applied for before commencement. They cannot be applied for retrospectively.
  4. If you are seeking a CIL credit for building(s) (in current lawful use) to be demolished please submit a scaled plan of all of the floor space you would like to be taken into consideration.
  5. Floor space subject to demolition or resulting from change of use can only be deducted where it has been in continuous lawful use for at least six months in the last 3 years prior to a development being permitted. It will be for the applicant or their agent to demonstrate lawful use by providing more than one piece of appropriate evidence for example:
  • Time-stamped photographs showing the building in the use claimed;
  • Sworn statements made by people who can confirm the use claimed, witnessed by a solicitor;
  • Utility or other bills relating to the use claimed.

If there is not sufficient evidence to prove the building(s) are lawful in-use buildings, the floor space may not be deducted from the CIL charge.

Development under General Consent and the CIL

Development commenced under general consent is liable to pay CIL. 'General consent' includes permitted development rights granted under the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

If you intend to commence development under general consent you must submit Form 5: Notice of Chargeable Development, to the council before you commence development. The only exception to this requirement is if the development in question is less than 100 square metres of net additional floor space.

CIL Process

Stage 1: CIL Additional Information Form (responsibility of applicant/agent)

Every full, reserved matters and domestic planning application for the types of development included in the CIL Charging Schedule must be accompanied by Form 0: Additional Information Requirement Form. The CIL Planning Application Additional Information Requirement Guidance will help you to complete this form.

In most cases the form will contain sufficient information for the council to determine whether or not the development is CIL liable, and to calculate the CIL liability. However, further information may be required for large or complex applications.

Note: A planning application will be invalid without a correctly completed Additional Information Requirement Form.

Stage 2: Liability to pay CIL (responsibility of applicant/agent)

Submit Form 1: Assumption of Liability together with Form 0 with the planning application submission. If the liable party changes you can withdraw or transfer the liability at any time before the development commences using Form 3 or 4 (whichever is applicable).

Note: If you consider that the development should be offered relief from paying CIL submit the applicable exemption or relief form.

Stage 3: Liability Notice (responsibility of Council)

Shortly after grant of planning permission the Council will issue a Liability Notice (to the person(s) named in Form 1: Assumption of Liability). This will detail how much CIL will be payable (even if this is £0).

Stage 4: Commencement Notice (responsibility of applicant/agent)

Before you commence work on site (including demolition) submit Form 6: Commencement Notice, notifying the Council of the exact date that commencement will take place.

Note: The correct CIL form must be submitted, which is different from any similar form required by Building Control or Planning Enforcement.

It is important that you wait until you receive an acknowledgement from the CIL team at the Council that this form has been received. Failure to do this before commencement may result in the loss of any right to pay by instalments, result in a surcharge, and loss of any exemptions from the CIL.

Stage 5: Demand Notice (responsibility of Council)

The Council will issue a Demand Notice from the date of Commencement. The Demand Notice will state the amount of CIL to be paid, and when and how it should be paid.

Note: If the date given on the Commencement Notice is delayed, the applicant/agent can issue a further Commencement Notice.

Once the CIL payment has been received the Council will issue a payment acknowledgement.

How to measure floorspace for the purpose of the Chichester CIL

How to measure floorspace for CIL Purposes

Calculate your Community Infrastructure Levy (CIL)

Use the online calculator for an indication of how much CIL you are liable to pay for a project.

Surcharges

How to make a CIL Appeal 

How to make a CIL Appeal

The Council has produced a form, which is available from the box below titled 'Downloadable documents', to assist those applying for a review under Regulation 113. It is not essential that this form is completed, as long as the appeal is made in writing to the Council, this will be accepted, however, it is recommended that a person completes this form as it sets out the requirements to facilitate a valid request for review. Please note that a request for review cannot be made for a review of a decision reached on an earlier review.

What will the Council do?
As long as the review is made in accordance with the procedure and timescales identified above, the request for a formal review of the chargeable amount will be allocated, as required by the Regulations, to an officer who is more senior to the officer who originally calculated the chargeable amount. This officer will conduct a thorough review taking into consideration all of the representations that have been submitted. A decision will be made within 14 days of the Council receiving the request for a formal review. The decision will be relayed in writing to the person submitting the review and will contain reasons for the decision reached. If a person is aggrieved by the decision reached, it will then be possible to appeal this decision with the Valuations Office Agency.

The Regulations require the Council to respond to the request for a formal review of the chargeable amount within 14 days of receiving the request. Should the Council not respond within this period, a person can apply for an appeal, under Regulation 114. This appeal will need to be submitted to the Valuations Office Agency.
As identified above, a person may not request a review of a decision made on an earlier review. For this reason care should be taken to ensure that, when applying for a formal review, all of the information intended to be relied upon in support of their claim is submitted at first instance.

A review under this regulation will lapse if it was requested before the relevant development was commenced and the relevant development is commenced before the collecting authority has notified the interested person of the decision of the review.

Contact information

If you have any queries regarding this process or CIL in general please contact

Name:
Community Infrastructure Levy
Address:
Chichester District Council
East Pallant House
1 East Pallant
Chichester
West Sussex
PO19 1TY
United Kingdom
Telephone:
+44 01243 785166

Government CIL Guidance

For further information about the workings of CIL, please read the Government CIL Guidance

CIL via Planning Portal

Please visit the Planning Portal CIL  webpage.