West Berkshire Council

Community Infrastructure Levy Appeals and Enforcement

When an appeal can be made and enforcing the process

Appeals

The CIL Regulations (as amended) 2010 provide that in certain circumstances an appeal can be made against the levy and enforcement system.

When can an appeal be made?

An appeal can be made where the applicant can demonstrate that the council incorrectly:

  • calculated the amount of CIL (Regulation 113 and 114)
  • apportioned liability between landowners  (Regulation 115)
  • determined charitable relief (Regulation 116)
  • determined the residential annexe exemption (Regulation 116A)
  • determined the value of a self-build exemption (Regulation 116B)
  • applied surcharges (Regulation 117)
  • deemed the development to have commenced when it did not (Regulation 118)
  • issued a stop notice for non-payment (Regulation 119)

There are no other grounds for appeal under the CIL regulations.

For more information, see pdf icon our guidance on the CIL Appeals Process [212kb].

Enforcement

The process and format of the forms is prescribed by the CIL Regulations (Amended) 2010, and there are surcharges and penalties if these are not strictly followed. Failure to assume liability before the commencement of development can result in surcharges of between £50 to £500, per landowner, who has an interest in the land. Anyone failing to submit a Form 6: Commencement Notice or comply with an Information Notice, can be charged up to a maximum of £2,500.

For more information, pdf icon see our CIL Enforcement Surcharges [184kb].

Who To Contact

For queries about Community Infrastructure Levy, S106 Planning Obligations and payment of Developer Contributions

01635 519111