When is CIL payable?
CIL becomes payable when development commences. Payment can be made in full or by instalments, in accordance with the 'Shropshire Council: Payment by Instalment' policy.
You must notify us of the date you intend to commence a chargeable development, through completion of 'CIL Form 6: Commencement Notice'. This form must be completed and received by us at least the day before commencement of development or a surcharge will be imposed and immediate payment required.
Once CIL Form 6: Commencement Notice is received, or we deem that development has commenced, a CIL demand notice will be issued. This notice documents the CIL liability and when payment is due.
CIL Form 6: Commencement Notice and the payment by instalment policy are available to download on this page.
Payment in Kind
There may be circumstances where the charging authority and the person liable for the levy will wish land and/or infrastructure to be provided, instead of money, to satisfy a charge arising from the levy. As part of a suite of delivery mechanisms, a new policy statement to enable Shropshire Council to take in-kind infrastructure payments has been made available, either in the form of land or provision of infrastructure. This policy statement is effective from 13 June 2016, and details the guidelines on the use of this delivery mechanism, making clear that it is offered at Shropshire Council’s discretion and must provide the most practical and efficient means of delivering an agreed and prioritised infrastructure requirement.
Further information can be found within the Payment In Kind guidance notes.
What happens if CIL is not paid?
CIL payment is mandatory and non-negotiable. If CIL is not paid in accordance with the CIL Demand Notice:
- you'll be surcharged and required to pay interest for any late payment; and
- any agreement for you to pay by instalments will be withdrawn.
There are strong enforcement powers and penalties that can be imposed if you fail to pay an outstanding CIL liability. This includes:
- A CIL warning notice and if necessary a CIL stop notice - prohibiting further development on the site until the outstanding CIL liability is paid; and/or
- taking legal action to recover the outstanding CIL liability due.
Further information is available within the Department for Communities and Local Government document ‘Consequences of failing to follow the CIL payment procedure’.
In certain circumstances you can appeal against our decision in relation to your CIL liability. Full details of the various forms of appeals available is available within the Communities and Local Government National Planning Practice Guidance.
If you disagree with the calculation of your CIL liability you may request a review under Section 113 of the CIL regulations. To do this, please submit correspondence marked ‘Request for S113 Review’ stating why you think the liability notice is incorrect.
- It can be emailed to: CIL@Shropshire.gov.uk
- It can be posted to: Shropshire Council, CIL Team, Planning Policy - 5th Floor, Shirehall, Abbey Foregate, Shrewsbury, Shropshire, SY2 6ND
Such a request must be made in writing and received by us within 28 days of the date on which the CIL liability notice was issued. It must also be received and determined prior to the commencement of development, unless the planning permission was retrospective. If this review doesn't resolve the issue to your satisfaction, you're entitled to an independent appeal under Section 114 of the CIL regulations by contacting the Valuation Office Agency (VOA). Such an appeal must be made no later than 60 days from the date which the CIL liability notice was issued, and be received and determined prior to the commencement of development, unless the planning permission was retrospective.
All appeals are subject to eligibility criteria and specific timescales for submission, as specified within the national CIL regulations (as amended). Further information on the types of CIL appeals can be found within the Communities and Local Government National Planning Practice Guidance.
We've developed a series of guidance notes, including:
- developer resource packs ('lite', standard and technical – the standard and technical guides are available to purchase from the Shropshire Council CIL Team); and
- CIL & S106