When and how you can appeal a community infrastructure levy notice under Regulation 117, 118 or 119.

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9 January 2019
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When you can appeal

You can appeal against a surcharge (Regulation 117) imposed by the Community Infrastructure Levy collecting authority.

You can appeal against any decision by the levy collecting authority where you disagree with the deemed commencement date given in the Demand Notice (Regulation 118).

You can appeal against the issue of a Community Infrastructure Levy (CIL) stop notice (Regulation 119).

Deadline for appealing

  • appeals against a surcharge (Regulation 117) must be made within 28 days of the surcharge
  • appeals against a decision by the levy collecting authority to deem that development has commenced (Regulation 118) must be made within 28 days of the date the notice was issued
  • appeals against CIL stop notices must be made within 60 days of the date the notice takes effect.

When you can expect a decision

Once your appeal has started you’ll normally get a decision within 27 weeks but it can take longer.

How to appeal

Make your appeal to the Planning Inspectorate.

Documents you must provide

You’ll need to submit copies of:

For Regulation 117 Appeals

  • the collecting authority’s letter imposing a surcharge
  • the collecting authority’s liability notice (if applicable)

For Regulation 118 appeals

  • the collecting authority’s demand notice

For Regulation 119 Appeals

  • the CIL stop notice
  • the collecting authority’s warning notice (if applicable)

For all appeals

  • full grounds of appeal
  • the local planning authority’s decision granting planning permission for the relevant development
  • all other correspondence with the collecting/charging authority relating to the CIL charge
  • a site plan (Ordnance Survey map not less than10,000 scale)
  • your appeal form (if you’re appealing by post or e-mail)

You can send your appeal form and documents to the Planning Inspectorate by post or email.

The Planning Inspectorate
Crown Buildings

Cathays Park
Cardiff
CF10 3NQ

Wales@planninginspectorate.gov.uk

Comment on an appeal

Anyone can comment on a community infrastructure levy appeal.

The deadline for comments is 2 weeks after the start date of the appeal.

The Planning Inspectorate will copy the appeal form and supporting documents to the interested parties (including the collecting authority).

After you appeal

The Planning Inspectorate will check your appeal to make sure it’s valid. They’ll tell you the start date, what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. You’ll normally get a decision within 27 weeks of the Planning Inspectorate starting your appeal.

If anyone behaves unreasonably

You can apply for an award of costs if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.