CIL process, forms and payments
Note: the CIL Regulations were updated on 1 September 2019. These new regulations affect planning permissions granted from 1 September onwards. CIL liable developments which received planning permission before 1 September 2019 will be processed under the previous regulations.
Submission of forms
Applicants and agents are advised to submit all forms, in particular the Commencement Notice form, electronically to the council using the email address firstname.lastname@example.org. This is particularly relevant for Commencement Notices, because under the current regulations commencing development before you receive an acknowledgement from the CIL team at the council will result in the loss of any right to pay by instalments and result in a surcharge.
- About Community Infrastructure Levy (CIL)
- CIL Charging Schedule
- Important information
- Development under general consent and the CIL
- CIL process
- The CIL Forms
- How to measure floorspace for the purpose of the Chichester CIL
- How to make a CIL appeal
- Contact information
- Government CIL guidance
- CIL via Planning Portal
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. 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.
Please note that the CIL Charges are indexed linked on 1 January each year and for 2023 the charges with indexation are included in the table. Please note that this is to be treated for guidance only and the exact amount will be detailed in the Liability Notice issued after the grant of planning permission.
Use of Development
Charging Schedule Levy (£ per square metre)
Indexed amount for permissions granted 1 January 2023 to 31 December 2023 (£ per square metre)
Residential - South of the National Park
Residential - North of the National Park
Retail (wholly or mainly convenience)
Retail ( wholly or mainly comparison)
Purpose Built Student Housing
- 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.
- Developments of less than 100 square metres are CIL liable if the development will result in a whole dwelling (this can include residential annexes).
- 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.
- After commencement, any amendments to an approved planning application may impact upon the CIL and could create a new CIL charge, especially if it is retrospective. Please be aware that you cannot apply for CIL exemption retrospectively.
- If you are seeking a CIL credit for building(s) (in current lawful use) please submit a scaled plan of all of the floor space you would like to be taken into consideration.
- Existing floor space 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 at least two pieces 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 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. This exception does not apply to developments which comprise one or more dwellings. Applications for one or more dwellings must submit Form 5: Notice of Chargeable Development, regardless of their size.
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 1: Additional Information Form. The CIL Planning Application Additional Information 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 Form.
Stage 2: Liability to pay CIL (responsibility of applicant/agent)
Submit Form 2: Assumption of Liability together with Form 1 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. Guidance notes on self build, annex and extension relief and social housing relief can be downloaded from the Downloadable documents box at the end of this page.
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 2: Assumption of Liability). This will detail how much CIL will be payable (even if this is £0) which will become due on the date of commencement as detailed in Stage 4.
Stage 4: Commencement Notice (responsibility of applicant/agent)
Before you commence work on site (including demolition) submit Form 6: Commencement Notice to the Council's CIL Team, notifying them of the exact date that commencement will take place. This Form must be submitted at least one clear working day in advance of commencement.
Note: The correct CIL form must be submitted to the CIL Team, 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 will result in the loss of any right to pay by instalments and result in a surcharge.
If your CIL liability notice, or revised CIL liability notice, was issued before 1 September 2019:
If you have received an exemption or relief from the levy, failure to submit this form and for it to be received by the collecting authority, before commencing your development will result in the loss of the exemption or relief and make you liable for the levy.
If your CIL liability notice, or revised CIL liability notice, was issued on or after 1 September 2019:
If you have received an exemption or relief from the levy, failure to submit this form, and for it to be received by the collecting authority, before commencing your development will result in a surcharge being applied by the collecting authority equal to 20% of the chargeable amount or £2,500, whichever is the lower amount.
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. (For further information on payment, please refer to the 'CIL Payment by Instalment Policy' document:
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.
CIL payment is due on commencement of development and a Demand Notice will be issued with the amount to be paid and how to make the payment.
Exemptions and relief must be applied for and granted by the CIL Team in writing prior to commencement otherwise relief from the CIL will not be available and full payment will be due.
If payment is not received by the due date, there will be a mandatory late payment interest charge (calculated at 2.5% above the Bank of England base rate in accordance with CIL Regulation 87 and 88).
If payment is not received after 30 days, a surcharge of 5% of the outstanding chargeable amount or £200, whichever is greater will be incurred in accordance with CIL Regulation 85, late payment surcharge. Additional surcharges of 5% of the unpaid amount or £200 whichever is the greater will also be incurred if payment is still outstanding after the end of 6 months and 12 months from the payment due date.
Note: Development for which planning permission is retrospective and granted under Section 73A, the commencement day is the same date that the planning permission is granted, so payment will be due on the date of the permission.
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, 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.
If you have any queries regarding this process or CIL in general please contact
Name: Community Infrastructure Levy
Chichester District Council
East Pallant House
1 East Pallant
Telephone: +44 01243 785166
For further information about the workings of CIL, please read the Government CIL Guidance
Please visit the Planning Portal CIL webpage.