PART 8ADMINISTRATION

Liability noticeI165

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;

F1da

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 F3exemption for residential annexes or extensions, charitable relief or relief for exceptional circumstances granted in respect of the chargeable development;

f

where social housing relief F4or 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 F5or exemption, and

ii

for each of those persons, the amount of relief F6or 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.

F24

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 F10F9phased planning permission.