1. Planning
2. Appeals
3. Other Appeals & Casework
4. Making a Community Infrastructure Levy Enforcement appeal

Making a Community Infrastructure Levy Enforcement appeal

If you feel that a levy enforcement action is unwarranted or has been taken in error, you are encouraged in the first instance to contact the levy collecting authority. This is because it may be a lot quicker and easier to resolve the issue by contacting the levy collecting authority first before taking more formal action. However, you should be aware that a formal appeal can be lodged no later than 28 days after the date of your notification by the collecting authority (or within 60 days of a CIL stop notice taking effect).

Appealing against a surcharge (Regulation 117) - You may appeal against a surcharge imposed by the Community Infrastructure Levy collecting authority on the following grounds to the Planning Inspectorate within 28 days of the surcharge being imposed:

• The claimed breach which led to the imposition of the surcharge did not occur;
• The collecting authority did not serve a liability notice in respect of the chargeable development to which the surcharge relates; or
• That the surcharge has been calculated incorrectly.

Appealing against a surcharge will suspend its effect until the Planning Inspectorate has decided the appeal in question.

You may appeal to the Planning Inspectorate against any decision by the levy collecting authority to deem that development has commenced (Regulation 118). This appeal must be made within 28 days of receiving notice of such a decision by the levy collecting authority. Where an appeal is allowed, any enforcement decisions relating to the deemed date of commencement, including the imposition of any surcharges, will be suspended pending the outcome of the appeal.

You may appeal to the Planning Inspectorate against the issue of a Community Infrastructure Levy (CIL) stop notice (Regulation 119) where:

• The collecting authority did not serve a warning notice before imposing the CIL stop notice; or
• The development for which the CIL stop notice was imposed has not commenced. 

Appeals against CIL stop notices must be made within 60 days of the date the notice takes effect.

Making your appeal

• How to complete your Community Infrastructure Levy appeal form
• Community Infrastructure Levy appeal form

You can:

• print out a blank form, complete it manually and post it to us (the address is on the form);

• complete the form electronically, print it out and post it to us; or
• complete the form electronically and email it to us at teame1@pins.gsi.gov.uk.

Alternatively, you can contact us and we will send you a paper copy of the appeal form.

Costs

• DCLG Circular 03/09: Costs Awards in Appeals and Other Planning Proceedings
• Costs awards in planning appeals (England) - a guide for appellants
• Illustrative list of case types for which costs awards are available
• Award of Appeal Costs: Local Government Act 1972 - section 250(5)