CIL Appeals

Appeals are only possible on the following grounds:

  • The Council incorrectly calculated the amount of CIL. (Before making the appeal the developer must first request an internal review by the Council).
  • The Council incorrectly apportioned liability between landowners.
  • The Council incorrectly determined Charitable Relief.
  • The Council incorrectly determined that a residential annex was not wholly within the curtilage of the main dwelling.
  • The Council, with regard to self-build schemes, incorrectly determined the value of the exemption.
  • The Council incorrectly applied surcharges.
  • The Council deemed the development to have commenced when it did not.
  • The Council incorrectly issued a Stop Notice for non-payment.

 Appeals normally need to be submitted and determined before development commences and within 28 days of the Liability Notice except for appeals to the VOA regarding the chargeable amount, which must be made within 60 days of the original liability notice. 

The Process

The table below sets out the process which must be followed for each of the appeal grounds, as set out in the CIL Regulations.

CIL Appeals
 Appeal Grounds Restrictions which apply

Review of chargeable amount (Regulation 113) and Chargeable amount: Appeal (Regulation 114)

  • Prior to an appeal, the applicant must first have asked the council in writing for a formal review to be undertaken in accordance with the procedures set out in Regulation 113.
  • Following the outcome of this review, should the applicant still have grounds to believe that the Council has incorrectly calculated their CIL liability, an appeal can be made to the Valuations Office Agency (VOA).
  • The VOA can only accept an appeal where the applicant has first asked the Council for a review under Regulation 113.  An appeal to the VOA can only be made on the grounds that the chargeable amount has been calculated incorrectly
  • Development must not have commenced.The first review to the Council must be made within 28 days of the date of the Liability Notice.
  • The appeal to the VOA must be made within 60 days of the date when the original Liability Notice was issued.
  • An appeal to the VOA cannot be made until at least 14 days after the collecting authority has been asked for a review of the chargeable amount.

Apportionment of liability (Regulation 115)

  • An appeal can be made directly to the VOA.
  • The appeal to the VOA can only be made by the owner of a material interest (defined in Regulation 4(2)), in the relevant land (defined in Regulation 2).  An appeal to the VOA can only be made against an apportionment of the liability made under Regulation 34.
  •  Within 28 days of the date when the demand notice stating the amountpayable by the appellant was issued.

Charitable Relief (Regulation 116)

  • An appeal can be made directly to the VOA.
  • The appeal to the VOA can only be made by an interest person (defined in Regulation 112(2)(b)).
  • An appeal can be made to the VOA only if it is considered that the Council has incorrectly determined the value of the interest in land used in an apportionment assessment.
  
  • Development must not have commenced.  Lapses if development commences before appeal decision.
  • Within 28 days of the Council’s decision on the claim for Charitable Relief.

Residential Annexe Exemption (Regulation 116A)

  • An appeal can be made directly to the VOA.
  • An appeal can only be made by the person who was granted the exemption.
  • An appeal can only be made if it is considered that the Council has incorrectly determined that the annexe is not wholly within the grounds of the dwelling.
  
  • Development must not have commenced.  Lapses if development commences before appeal decision.
  • Within 28 days of the Council’s decision on the claim for an exemption.

Self-build Exemption (Regulation 116B)

• An appeal can be made directly to the VOA.

• The appeal can only be made by the person who was granted the exemption for self-build housing, on the grounds that the Council has incorrectly determined the value of the exemption allowed.
  • Development must not have commenced.  Lapses if development commences before appeal decision.
  • Within 28 days of the Council’s decision on the claim for an exemption.

 Surcharges (Regulation 117)

• An appeal against surcharges must be made to the Planning Inspectorate. • The appeal can be made by a person who is aggrieved at a decision of the Council to impose a surcharge.

• The appeal can be made by a person who is aggrieved at a decision of the Council to impose a surcharge.

  
  • Within 28 days of the surcharge being imposed.
  • Specific conditions apply.

 Commencement of development (Regulation 118)

• An appeal can be made to the Planning Inspectorate. 

• The appeal can be made by a person on whom a demand notice is served, on the grounds that the date of commencement has been wrongly determined.

  
  • Within 28 days of the date the demand notice was issued.
  • Specific conditions apply.

Issuing a stop notice (Regulation 119)

• An appeal can be made to the Planning Inspectorate.
• An appeal can be made by a person who is aggrieved at a decision of the council to impose a levy stop notice.
  • Within 60 days of the date when the stop notice takes effect.
  • Specific conditions apply.  Stop Notice continues to have effect whilst appeal is outstanding.
CIL Appeaal Grounds

 

Further Information

If you wish to request a review under Regulation 112 please contact CIL@trafford.gov.uk .  More information on CIL and links to the Regulations and guidance documents can be found on the Trafford Council Website

Regulation 114 – 116 appeals should be submitted to the Valuation Office Agency on a form provided by the Agency.  More information on appeals to the Valuation Office Agency can be found on their Website

Regulation 117-119 appeals relating to enforcement should be submitted to the Planning Inspectorate.  More information on appeals to the Planning Inspectorate can be found on the Planning Portal Website

CIL Appeals

 

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