The Community Infrastructure Levy (CIL) process can be complicated and stressful to navigate, whether you are a homeowner who has received a letter from the Council or an experienced planning consultant seeking to avoid the many tripwires which exist in obtaining an exemption for your client.
Viable Placemaking are a town planning consultancy with a specialism in development economics and viability. As such, we have extensive experience navigating CIL and implementing strategies for the economic implications of a development, including CIL charges which may arise. This Insight seeks to explain two of the key documents which exist in the CIL process: Liability Notices and Demand Notices.
Liability Notices
A Liability Notice must be served by the local authority as soon as reasonably practical after the date planning permission first permits the development. This is issued under Regulation 65 and separate liability notices should be issued for the various planning permissions, including Section 73 applications and phased developments.
This is usually the first notice you will receive from the Council. Crucially, it is important to consider how CIL integrates into your wider planning strategy before commencing development.
Demand Notices
A Demand Notice is usually served by the Council once development has commenced. These are served under Regulation 69 and should state the amount owed and the date by which payment is due.
Applicants and agents are often informed that retrospective developments cannot obtain exemptions, however there are many variables that can impact whether or not this applies to your development. You can find out more about the considerations for CIL charges on retrospective developments here.
Appeals and Strategies
Finally, it is worth remembering that just because you have received a CIL Liability Notice or Demand Notice, does not mean that you will definitely have to pay the charge. These are sometimes issued by the Council in error or strategies are available to mitigate the charge.
Multiple Appeals and CIL strategies existing to reduce or remove the CIL charge, depending on the specifics of the development. These can include an initial review or subsequent appeal of the chargeable amount. However, oftentimes an initial review is required within 28 days under Regulation 113. Therefore, it is important to act fast and seek professional advice if you need it.
If you have received a CIL Liability or Demand Notice and want to consider the next steps, or if you would like to learn more about how Viable Placemaking can support your application, please don’t hesitate to get in touch.