The Community Infrastructure Levy Regulations 2010

Liability notice E+W

65.—(1) The collecting authority must issue a liability notice as soon as practicable after the day on which a planning permission first permits development.

(2) A liability notice must—

(a) be issued on a form published by the Secretary of State (or a form to substantially the same effect);

(b) include a description of the chargeable development;

(c) state the date on which it was issued;

(d) state the chargeable amount;

[F1 (da) where the chargeable amount may be paid by way of instalments, include a copy of the charging authority’s current instalment policy (if any);]

(e) state the amount of any [F2 exemption for residential annexes or extensions,] charitable relief or relief for exceptional circumstances granted in respect of the chargeable development;

(f) where social housing relief [F3 or an exemption for self-build housing] has been granted in respect of the chargeable development, state—

(i) the particulars of each person benefiting from the relief [F4 or exemption], and

(ii) for each of those persons, the amount of relief [F5 or exemption] from which the person benefits; and

(g) contain the other information specified in the form.

(3) The collecting authority must serve the liability notice on—

(a) the relevant person;

(b) if a person has assumed liability to pay CIL in respect of the chargeable development, that person; and

(c) each person known to the authority as an owner of the relevant land.

[F6 (4) The collecting authority must issue a revised liability notice in respect of a chargeable development if—

(a) the chargeable amount or any of the particulars mentioned in paragraph 2(e) or (f) change (whether on appeal or otherwise); or

(b) the charging authority issue a new instalment policy which changes the instalment arrangements which relate to the chargeable development.]

(5) A collecting authority may at any time issue a revised liability notice in respect of a chargeable development.

(6) A liability notice issued in accordance with paragraph (4) or (5) must be served in accordance with paragraph (3).

(7) A collecting authority may withdraw a liability notice issued by it by giving notice to that effect in writing to the persons on whom it was served.

(8) Where a collecting authority issues a liability notice any earlier liability notice issued by it in respect of the same chargeable development ceases to have effect.

(9) A liability notice issued in respect of a chargeable development ceases to have effect if liability to CIL would no longer arise in respect of that chargeable development.

(10) Subject to paragraph (11), a liability notice issued in respect of a chargeable development ceases to have effect once all outstanding amounts due in respect of that chargeable development have been paid to the collecting authority.

(11) A liability notice issued in respect of a chargeable development ceases to have effect at the end of the clawback period if—

(a) charitable or social housing relief [F7 , or an exemption for residential annexes or self-build housing,] has been granted in respect of that chargeable development; and

(b) no disqualifying event occurs before the end of the clawback period [F8 (or, if a disqualifying event under regulation 54D(2)(b) has occurred and the collecting authority may take no further action in relation to that event)].

(12) In this regulation “relevant person” means—

(a) in the case of a general consent, the person who has submitted a notice of chargeable development;

(b) in the case of [F9 phased] planning permission granted subject to a condition requiring that further approval is obtained before commencing development, the person who has applied for that approval;

(c) in all other cases, the person who applied for [F10 [F9 phased]] planning permission.

Textual Amendments

F1 Reg. 65(2)(da) inserted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 9(6)

F2 Words in reg. 65(2)(e) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(3)(a)

F3 Words in reg. 65(2)(f) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(3)(b)(i)

F4 Words in reg. 65(2)(f)(i) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(3)(b)(ii)

F5 Words in reg. 65(2)(f)(ii) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(3)(b)(ii)

F6 Reg. 65(4) substituted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 9(7)

F7 Words in reg. 65(11)(a) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(3)(c)

F8 Words in reg. 65(11)(b) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(3)(d)

F9 Word in reg. 65(12) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 9(3)(e) (with reg. 14(1)(7))

F10 Word in reg. 65(12)(c) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 5(7) (with regs. 1(3), 13)

Commencement Information

I1 Reg. 65 in force at 6.4.2010, see reg. 1