Liability noticeE+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 [F2exemption for residential annexes or extensions,] charitable relief or relief for exceptional circumstances granted in respect of the chargeable development;
(f)where social housing relief [F3or 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 [F4or exemption], and
(ii)for each of those persons, the amount of relief [F5or 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 [F9phased] 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[F9phased]] planning permission.
Textual Amendments
F1Reg. 65(2)(da) inserted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 9(6)
F2Words 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)
F3Words 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)
F4Words 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)
F5Words 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)
F6Reg. 65(4) substituted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 9(7)
F7Words 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)
F8Words 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)
F9Word 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))
F10Word 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
I1Reg. 65 in force at 6.4.2010, see reg. 1