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Community Infrastructure Levy (CIL)

By Leslie Dixon,2014-12-12 00:34
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Community Infrastructure Levy (CIL)

Community Infrastructure Levy (CIL)

    Demand Notice

    Regulation 69, Community Infrastructure Levy Regulations (2010), as amended

[Insert date]

    [Insert address of collecting authority sender of notice]

    [Name and address of recipient]

For other recipients, see end of notice

    1. Date issued: [date on which demand notice issued]

    2. CIL collecting authority: [details and address of CIL collecting authority]

    3. Name and address of recipient:

    4. Date of intended or deemed commencement of development:

    5. Details of chargeable development to which this demand notice relates:

     (a) Planning Permission/Notice of Chargeable Development reference:

     (b) Site address:

     (c) Description of development:

    6. Reason for issuing demand notice:

    OPTION: Collecting authority to select one of the reason(s) from the list below

    (a) A valid commencement notice has been received from (insert name of person

    who submitted notice)

    (b) Development is deemed to have commenced;

    (c) Development has commenced on the date given in the valid commencement

    notice but liability has not been assumed;

    (d) A surcharge has been imposed;

    (e) Liability has been imposed on the default liable party under regulation 36 (SI

    2010/948)

    (f) A disqualifying event for relief purposes has occurred;

    (g) An instalment has not been paid by the date due.

    7. The outstanding amount of CIL payable, including surcharges, that this

    demand notice relates to: [amount of CIL in pounds and pence]

OPTION (delete as appropriate): Appended details of surcharges imposed

    OPTION (delete as appropriate): Appended details of apportionment carried out

When will this amount be due for payment?

OPTION (delete as appropriate): [where:

    ; development is deemed by the CIL collecting authority to have commenced;

    ; development has commenced on the date given in the valid commencement notice

    but liability has not been assumed;

    ; a surcharge has been imposed;

    ; liability has been imposed on the default liable party under regulation 36 (SI

    2010/948);

    ; a disqualifying event for relief purposes has occurred;

    ; an instalment has not been paid by the date due]

    The above CIL amount is due for payment immediately (except if there is an appeal) and is subject to interest being added at [the Bank of England base rate, plus 2.5 percentage points]. Failure to pay this amount may lead to the CIL collecting authority taking enforcement action against you to penalise late payment and/or recover this money. This includes late payment surcharges of 5% of the CIL amount due which the CIL collecting authority may impose no earlier than 30 days after the CIL first became due for payment. See accompanying note “Consequences of failing to pay CIL” for more information.

OPTION (delete as appropriate): [where commencement notice has been submitted but

    liability has not been assumed]:

    As a valid commencement notice has been submitted, but liability has not been assumed, payment of the amount in this notice will be due in full on [date] when development is intended to commence, unless liability is assumed first.

OPTION (delete as appropriate): [where liability has been assumed, the demand notice

    has been issued solely because a valid commencement notice has been received by the collecting authority and the charging authority has not set a CIL instalment policy]

Payment due date

This amount is due for payment on [date as per charging authorities instalment policy]

OPTION (delete as appropriate): [where liability has been assumed, the demand notice

    has been issued solely because a valid commencement notice has been received by the collecting authority and the CIL charging authority has set a CIL instalment policy]

    The amount described in this notice will be due by the following dates [CIL collecting authority to insert amount(s) and payment due date(s):

    Amount Payment due date

Method and receipt of payment

    8. You may pay by the due dates described in any combination of money to the CIL

    collecting authority and/or transfer of land to [the name of the beneficiary] as the

    beneficiary of the land transfer. Further details of paying CIL by transferring land

    can be found in the accompanying note “Paying CIL in the form of land”.

    9. Where payment is in the form of money, [the name of the CIL collecting authority]

    will issue a receipt for this payment.

    10. If you are not the applicant, works have not commenced on your land and you

    have not agreed for works to commence on your land, then under regulation 69A of

    the Community Infrastructure Levy Regulations 2010 (as amended) you may make

    a request for a suspension of this demand notice until any such works are

    commenced. Please contact [insert name of appropriate officer at collecting

    authority] for more details.

OPTION (delete as appropriate): [where demand notice has been issued because

    development is deemed by the CIL collecting authority to have commenced]

Rights of appeal

    You may appeal against any decision by the CIL collection authority to deem that development has commenced by doing so to the Planning Inspectorate within 28 days of receiving notice of such a decision by the CIL collection authority. Further information may be found in the accompanying note: “CIL Appeals”.

OPTION (delete as appropriate): [A surcharge has been imposed]

Rights of appeal

    You may appeal against this surcharge to the Planning Inspectorate within 28 days of the date of this notice. Further information may be found in the note “CIL Appeals”:

OPTION (delete as appropriate): [an apportionment has been carried out and appended

    to the notice]:

Rights of appeal

    You may appeal against any decision by the CIL collection authority to apportion a CIL liability by doing so to the Valuations Office Agency within 28 days of receiving notice of this apportionment. Further information can be found in the accompanying note “CIL Appeals”.

    OPTION (delete as appropriate): Copies of this notice have been sent to:

    Name and address of other recipient(s) of Category of recipient

    this notice

    [Name and address of other recipient of this [Can be one of:

    notice]

    „Owner of the relevant land‟;

    Leaseholder of the relevant land (7 or

    more years)

     „Party has assumed liability to pay CIL

    due‟;

    „Party has submitted a notice of

    chargeable development‟;

    Party who has received deemed Notice

    of Chargeable Development

    „Party has applied for further approval in

    line with a conditional grant of

    planning permission‟;

    „Party applied for planning permission‟]

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