How will CIL affect my development?

The information provided here is a summary of the CIL process.  For detailed information, you should refer to:

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A development is liable for CIL if it:

  • creates a new dwelling of any size; or
  • creates over 100sqm of gross internal floorspace (new build), before making deductions for existing floorspace that is to be demolished; and
  • involves new buildings or floorspace into which people normally go.

CIL applies to development permitted through a planning application, or an appeal.  CIL can also apply to certain developments allowed under Permitted Development Rights (this is where an application for planning permission is not required). CIL can apply if such applications meet the criteria for liable development listed above.

The information below sets out the stages involved in the CIL process.  The forms can be accessed on the Planning Portal. Links to the forms can also be accessed within the various stages below.

More information is available on the CIL Frequently Asked Questions page.

All applicants for planning permission are required to submit a Form 1: CIL Additional Information. This includes:

  • full applications
  • section 73 applications
  • householder applications
  • reserved matters applications following outline planning permission, and
  • applications for a certificate of lawfulness for proposed use/development

The CIL Additional Information Guidance Note will help you complete the form.  Validation of an application for planning permission will be held up if the Additional Information Requirement form is not submitted.

In most cases, the form will contain enough information for Cornwall Council to determine whether the development is CIL liable, and to calculate the amount of CIL liability.  However, further information may be requested for large or complex applications.

In circumstances where planning permission is not required (such as development permitted by way of general consent), but the development meets the criteria for CIL liable development as listed above, a Form 5: Notice of Chargeable Development must be submitted instead.

If, after submitting an Additional Information Form or Form 5, there are any change of circumstances which relate to the information provided, then a new form must be submitted.

A Form 2: Assumption of Liability is required, and it is important that the form is submitted with the signatures of each party assuming liability - if it is not signed by each party, processing of the form will be held up, and this may affect the applicants ability to claim relief or exemption (see stage 4 below). 

It is recommended that Form 2 is submitted at the same time as the planning application and Additional Information Form, or, for prior approval applications, at the same time as Form 5.

If Form 2 has not been submitted before commencement of the chargeable development, a surcharge could be imposed, and the ability to pay in instalments withdrawn. 

If nobody has submitted a Form 2 before the development commences, then liability to pay CIL will be apportioned between all parties with a material interest in the land on which the development is taking place.  A surcharge may also be imposed.

If there is a change to the person(s) assuming liability for paying the CIL after Form 2 has been submitted, a Form 4: Transfer of Assumed Liability and/or a Form 3: Withdrawal of Assumption of Liability can be submitted, as appropriate. Liability to pay can be transferred up until the day that the final CIL payment is due on the chargeable development.

Once planning permission has been granted, Cornwall Council will issue all liable parties with a Liability Notice detailing how much CIL is payable.  This will also include detail of any relief that has been granted. Details of how CIL is calculated are available in the Charging Schedule.

If you think the amount of CIL due has been incorrectly calculated, you can request a review of the calculated amount. This must be requested within 28 days of the date of the Liability Notice. See CIL Appeals section below.

You may be able to apply for relief or exemption from CIL, for developments such as

  • self-build dwellings, residential extensions and annexes
  • social housing
  • charitable relief, or
  • in exceptional circumstances

To claim relief, each liable party must submit one or more of the following forms:

Any claims for relief must be approved by Cornwall Council prior to the development commencing.

Before the CIL liable development commences, you must submit Form 6: Commencement Notice to Cornwall Council.  This will enable calculation of when the CIL payments are due.  Failure to submit Form 6 could result in a surcharge being imposed and the ability to pay in instalments withdrawn.

For CIL purposes, commencement includes sites clearance and demolition of any existing buildings.

On receipt of a valid Form 6: Commencement Notice, Cornwall Council will issue a Demand Notice to each person/party who has assumed liability to pay CIL, along with the planning applicant and landowner (where known).  The Demand Notice will set out the amount of CIL payable, payment options and due dates.  

As noted at Stage 2, if a Form 2: Assumption of Liability has not been submitted before the Demand Notice is issued, the liability defaults to the owner(s) of the land. Payment of CIL in respect of the chargeable development could become due in full, and a surcharge could be imposed.

If the CIL payment is calculated as being less than £50, it is treated as zero rated and does not need to be paid.

The Demand Notice will set out when and how CIL payments can be made but the options are summarised below.

  • Telephone 0300 1234 151 and quoting the CIL payment reference number given on the Demand Notice.
  • Online via the Planning Payments page.
  • Post payment to the address given on the Demand Notice.
  • In person at any of Cornwall Council's Information Services.

Appeals can be made against all aspects of the CIL collection and enforcement system. However, appeals cannot be made in respect of

  • Social Housing Relief or
  • Exceptional Circumstances Relief

More information can be found on the Planning Guidance CIL Appeal advice pages. This includes:

  • what can be appealed against
  • who appeals should be directed to and
  • deadlines for submitting appeals

Non-payment of CIL or failing to follow the procedures outlined above may result in liable parties (or landowner(s) in the absence of anyone assuming liability) having to pay a surcharge.  Interest may also be applied to late payments. 

Enforcement action open to a CIL Charging Authority is set out in Part 9 of the CIL Regulations 2010 (as amended).