CIL appeals, surcharges and enforcement
There are instances where you are able to appeal a CIL decision made by SDC, as Charging Authority. This page also details when SDC may impose surcharges or initiate enforcement procedures as prescribed by the CIL Regulations 2010 (as amended).
The CIL Regulations 2010 provides mechanisms in which to appeal decisions made by SDC as the Charging Authority. This could be if you believe that SDC have made a mistake within the calculation of CIL or that you believe SDC have not followed the correct procedure as set out within the CIL Regulations. Please note that there is not a provision for an appeal process in which to contest whether a development is liable or not.
If you do not agree with the CIL calculation in which is the basis of the liability notice that you have received, please email email@example.com titled ‘Request for review of chargeable amount’ detailing any information that will help for a further review to take place. In all instances where you are minded to appeal, it would be best to be in contact with the CIL Team prior to the appeal submission.
A full guide to the type of appeal you can submit, which organisation to submit an appeal to and the process is set out in our 'CIL Review and Appeal Document'.
Surcharges and enforcement
The CIL process is an administrative form based one, which is also very strict on which form needs to be submitted at specific times throughout the process. This is not only for the applicant or liable party, but it is a two way process in which SDC as Charging Authority must also acknowledge and send specific documentation at certain times.
Where possible SDC CIL Team will send out alert emails if we believe that we are approaching a milestone that requires submission of a form, however we will not always be aware and the CIL Regulations very much inform that onus is on the applicant/ agent or liable party.
Surcharges and interest can be applied to applications where there has been a:
- Failure to submit CIL Forms
- Failure to inform of a disqualifying event
- Late payment
- Failure to comply with an information from SDC as the Charging Authority
The CIL Regulations also give guidance to the Charging Authority Enforcement Provisions in the recovery of CIL which also can include CIL Stop Notices in which ceases development until such time that the outstanding levy has been collected.
A procedure guide of how and why surcharges can be applied and the enforcement process is set out in our ‘Community Infrastructure CIL Enforcement Procedure’.
Please do not hesitate to contact the CIL Team on firstname.lastname@example.org if you have any questions on the appeal, surcharge and enforcement process.