Community Infrastructure Levy (CIL)
- About Community Infrastructure Levy (CIL)
- CIL process
- Stage 1: CIL additional information form (responsibility of applicant/agent)
- Stage 2: liability to pay CIL (responsibility of applicant/agent)
- Stage 3: liability notice (responsibility of council)
- Stage 4: commencement notice (responsibility of applicant/agent)
- Stage 5: demand notice (responsibility of council)
- Payment
- The CIL Forms
- Submission of forms
- How to measure floorspace for the purpose of the Chichester CIL
- Surcharges
- How to make a CIL appeal
- Contact information
About Community Infrastructure Levy (CIL)
The Community Infrastructure Levy (CIL) for Chichester came into effect on 1 February 2016. CIL is a fixed, non-negotiable charge. It is applied to developments that create one or more new dwellings (including conversions), or that involve a gross increase of 100 square metres of floor space.
The money raised is used to fund infrastructure projects in the local area. These include education, transport, flood defences and open space. Parish, town and city councils will also receive a portion of the funds from CIL liable developments taking place within their area.
The South Downs National Park has its own CIL, along with details on SDNP CIL & S106 forms, guidance and exemptions (opens new window).
CIL charging schedule
To see the types of development that are CIL liable and their rates, please view the CIL charging schedule:
CIL Charging Schedule (PDF, 691 KB)
CIL charging rates
Previous CIL Charging Rates (Word doc, 498 KB)
Use of development | Charging schedule levy (£ per square metre) | Indexed amount for permissions granted 1 January 2024 to 31 December 2024 (£ per square metre) |
|---|---|---|
Residential - South of the National Park | £120 | £168.71 |
Residential - North of the National Park | £200 | £281.18 |
Retail (wholly or mainly convenience) | £125 | £175.74 |
Retail ( wholly or mainly comparison) | £20 | £28.12 |
Purpose Built Student Housing | £30 | £42.18 |
CIL charging rate Information
- Minor development with a gross internal area less than 100 square metres is automatically exempt from CIL. There is no automatic exemption where development involves the creation of new dwellings (including the conversion of existing buildings to residential).
- Developments of less than 100 square metres are CIL liable if the development will result in a new dwelling (including replacement dwellings, conversions of non-residential uses to residential, and residential annexes).
- All other exemptions (social housing, self-build new dwellings, residential extensions and residential annexes) are not automatic and have to be applied for and agreed with the CIL team at the council in writing 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 and you may lose any existing exemption from CIL.
- Retrospective developments (such as applications that regularise work carried out without planning permission) will be unable to claim exemption from CIL. Additionally, such developments are considered to have commenced on the day planning permission is granted, and any CIL that is due will have to be paid immediately.
- If you are seeking a CIL credit for building(s) (in current lawful use) please submit a metrically 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 will not be deducted from the CIL charge.
Development under general consent ("permitted development") and the CIL
Development proposed under general consent may be 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).
Any development under general consent that proposes to create more than 100 square metres of gross internal floor area, or a new dwelling of any size (including the conversion of non-residential uses to residential) will be liable for CIL. If you intend to carry out CIL liable development under general consent you must submit Form 5: notice of chargeable development (opens new window) to the council before you commence development.
If your development under general consent is eligible for an exemption from CIL, a valid claim for exemption must be submitted alongside the Form 5: Notice of Chargeable Development, and must be agreed in writing before you commence development.
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 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 enough information for the council to determine whether the development is CIL liable, and to calculate the CIL liability. More information may be required for large or complex applications.
A planning application will be invalid without a correctly completed Additional Information form (Form 1).
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 a withdrawal of CIL liability form (Form 3) or Transfer of CIL liability form (Form 4) (whichever is applicable).
If development commences and nobody has assumed liability for the development, responsibility to pay any CIL liability due will default to the owner of the development land.
Stage 3: liability notice (responsibility of council)
Shortly after planning permission is granted, 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) on the date of commencement as detailed in Stage 4.
If you consider that the development should be exempt from paying CIL, you should submit the applicable exemption or relief form. The claim must be submitted and agreed in writing before any work commences on site. See the guidance notes on CIL self build, annex and extension relief and social housing relief.
CIL - A self build guide (Word doc, 30 KB)
Stage 4: commencement notice (responsibility of applicant/agent)
Before you commence work on site (including demolition, site clearance, or the creation of a new site access) you must 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.
The correct CIL form must be submitted to the CIL Team, which is different from any similar form required by Building Control, Planning Enforcement, or as a part of an s106 agreement.
It is important that you do not start work until you receive an acknowledgement from the CIL Team at the Council, confirming that the form has been received and accepted. Failure to do this will result in the loss of any right to pay by instalments and a surcharge of up to £2,500. This includes cases where you have received exemption or relief from CIL.
If the intended date of commencement changes, the applicant/agent should submit an amended Commencement Notice.
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 Instalments policy:
CIL Payment by Instalments Policy (PDF, 166 KB)
Once a CIL payment has been received, the council will issue a receipt acknowledging payment.
Payment
CIL payments are due on commencement of development. A demand notice will be issued with the amount payable, how to make the payment, and (if applicable) details of the instalment amounts and the dates on which each instalment will be due for payment.
Exemptions and relief must be applied for and granted by the CIL Team in writing before commencement of work, otherwise relief from the CIL will not be available and full payment will be due.
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.
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. In these cases, payment by instalments will not be available.
The CIL forms
The following listed CIL forms are availble to download (opens new window).
- Form 1: Additional Information Form
- Additional Information Guidance Note
- Form 2: Assumption of Liability
- Form 3: Withdrawal of Assumption of Liability
- Form 4: Transfer of Assumed Liability
- Form 5: Notice of Chargeable Development
- Form 6: Commencement Notice
- Form 7: Self Build Exemption Claim Form Part 1
- Form 7: Self Build Exemption Claim Form Part 2
- Form 8: Residential Annex Exemption Claim Form
- Form 9: Residential Extension Claim Form
- Form 10: Charitable and/or Social Housing Relief Claim Form
- Form 12: Further Charitable and/or Social Housing Relief Claim
- Form 13: Further Exemption Claim
- Form 14: Phase Credit Application
Submission of forms
This includes the commencement notice form. Please send all forms to cil@chichester.gov.uk.
If you submit a commencement notice before you receive an acknowledgement from the CIL team, this will result in the loss of any right to pay by instalments and incur a financial surcharge. Commencing a development includes:
- site clearance, and/or;
- creation of a new access or demolition
How to measure floorspace for the purpose of the Chichester CIL
How to measure floorspace for CIL Purposes (PDF, 152 KB)
If you are seeking a CIL credit for building(s) (in current lawful use) please submit a metrically scaled plan of all of the floor space you would like to be taken into consideration.
Surcharges
How to make a CIL appeal
The council has produced a form 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. It is recommended that this form is completed as it sets out the requirements to enable a valid request for review. A request for a formal review must be made within 28 days of the date that the CIL liability notice being challenged was issued.
A request for review cannot be made for a review of a decision reached on an earlier review.
CIL Application for a review of the chargeable amount under Regulation 113. (Word doc, 53 KB)
How the councils deals with an appeal
As long as the review is made in writing within the timescales identified above, the request for a formal review of the chargeable amount will be carried out by 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 the representations that have been submitted. A decision will be made within 14 days of the council receiving the request for a formal review. 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 the information intended to be relied upon in support of a claim is submitted at first instance.
Contact information
If you have any queries regarding this process or CIL in general please contact:
Name: Community Infrastructure Levy (CIL) Team
Address:
Chichester District Council
East Pallant House
1 East Pallant
Chichester
West Sussex
PO19 1TY
United Kingdom
Telephone: +44 01243 785166
Email: cil@chichester.gov.uk
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