What do you need to do?
You must complete the CIL additional information form when submitting a planning application. Whether you believe your development is liable or not you must complete the CIL Additional Information Form as this is necessary for your application to be validated. A copy of the form together with the applicable guidance note is available below:
When you receive your decision notice granting planning permission it will indicate if we think your application is liable to pay CIL.
Applications liable for CIL
If your application is liable for CIL you must:
- Complete and return the Assumption of Liability Form as soon as possible
- Complete a CIL Commencement Notice and return it before the development commences. This form must be completed in addition to any notice relating to Building Regulations.
- If your development is eligible for Charitable exemption, discretionary charitable relief or Social (affordable) housing relief you must complete a Claiming Exemption or Relief Form. This needs to be done before the development commences. People who submit the form after the development commences will not receive the relief.
- If your development is eligible for self-build (new dwelling, annex or extension) exemption, then you must complete a Self-Build Exemption Claim Form. Specific Forms for your type of development can be found within the CIL pages on the Planning Portal Website. This must be done before the development commences. As above, people who submit the form after the development commences will not receive the relief.
It is also your responsibility to notify us if:
- There is a change in the liable party (please use the Assumption of Liability Form, or the Withdrawal of Assumption of Liability Form and Transfer of Assumed Liability Form.
- The liable party's contact details change.
- There is a change to any of the buildings which might affect their eligibility to be deducted from your CIL liability. For example, it is your responsibility to provide evidence to the effect that buildings were in a use that is lawful, and that the building(s), or part of the building, have been in use for a continuous period of at least six months within the period of three years ending on the day that the planning permission first permits the chargeable development. Clarification as to what constitutes lawful use is given in the Town and Country Planning Act section 192(1).
If you do not complete all the necessary forms before you commence development you are not eligible to request a review or appeal against the Legacy Corporations assessment of your CIL liability and you may be subject to additional surcharges. If you are uncertain about which forms you need to complete please contact the Legacy Corporation before you intend to commence development to avoid any unnecessary expense.
Calculation of CIL
The amount of CIL is calculated at the time planning permission "first permits development". Planning permission first permits development on the date it is granted.
Payment of CIL
Precise details of your payment arrangements will be contained in the Demand Notice that will be sent following submission of a valid Commencement Notice.
The liability to pay CIL arises on the first commencement of development of a CIL liable planning permission. Development is to be treated as commencing on the earliest date on which any material operation begins to be carried out on the land.
The Demand Notice will set out when payment is due and details of how to pay by bank transfer.
The Legacy Corporation’s CIL instalment policy follows the same procedure and requirements as the Mayors CIL Instalment policy and is set out in the CIL Charging Schedule. From the 1 January 2018, a new instalments policy will apply, for more information see the Notice of change to Community Infrastructure Levy Instalments Policy (effective from 1 January 2018). A copy of the new instalments policy is available to view and/or download below:
Reviews and Appeals
If you think that we have made a mistake in calculating the chargeable amount you must, prior to commencing the development and within 28 days of the liability notice being issued, submit in writing a request for a review to:
Community Infrastructure Levy Officer
London Legacy Development Corporation,
1 Stratford Place,
If you are still unhappy with the calculation following this review, you can appeal to the Valuation Office Agency. This must also be done before the development commences and within 60 days of the liability notice being issued. For further information please see the CIL - How to make an Appeal pages on the GOV.UK website.