Appeals can be made against CIL charging decisions to the Valuation Office Agency (VOA) and against CIL enforcement decisions to the Planning Inspectorate (PINS).
When can you appeal a CIL charge?
Appeals are possible on the ground that we:
- incorrectly calculated the amount of CIL (before making the appeal you must first request an internal review by the Council)
- incorrectly apportioned liability between landowners
- incorrectly determined Charitable Relief
- incorrectly determined a residential annex exemption
- incorrectly determined a self-build exemption
- incorrectly applied surcharges
- deemed the development to have commenced when it did not
- incorrectly issued a Stop Notice for non-payment
How can you request a review?
For some appeal types you need to ask us to review our calculations and determinations first.
These appeal types are:
- incorrectly calculated the amount of CIL
- incorrectly apportioned liability between landowners
- incorrectly determined charitable relief
This should be done within 28 days of us issuing the relevant notice to you.
To request a review please email your request and any information and evidence supporting your position to: CIL@brentwood.gov.uk
Information you need to know when making an appeal in relation to CIL
| Type of Appeal | Who you should contact | Who may appeal and on what grounds | Time restrictions that apply |
| Calculation of chargeable amount (Regulation 114) | First: ask us for a review, in accordance with the procedures in Regulation 113. Second: Appeal to the VOA. |
The appeal can only be made by the ‘owner of a material interest’ defined in Regulation 4(2) in the ‘relevant land’ defined in Regulation 2. An appeal to the VOA can only be made against an apportionment of the liability made under Regulation 34. |
Within 28 days of the date when the demand notice stating the amount payable by the appellant was issued. |
| Apportionment of liability (Regulation 115) | First: ask us for a review. Second: appeal to the VOA. |
The appeal can only be made by the ‘owner of a material interest’ defined in Regulation 4(2) in the ‘relevant land’ defined in Regulation 2. An appeal to the VOA can only be made against an apportionment of the liability made under Regulation 34 |
Within 28 days of the date when the demand notice stating the amount payable by the appellant was issued. |
| Charitable relief (Regulation 116) | First: ask us for a review. Second: appeal to the VOA. |
The appeal can only be made by an ‘interested person’ as defined in Regulation 112 (2)(b) An appeal can be made to the VOA only if it is considered that we have incorrectly determined the value of interest in land used in an apportionment assessment. |
Within 28 days of our decision on the claim for charitable relief. Development must not have commenced*. |
| Residential annex exemption (Regulation 116A) | Appeals can be lodged directly with the VOA. | The appeal can only be made by the person who was granted the exemption. An appeal can be made to the VOA only if it is considered that we have incorrectly determined that the annexe is not wholly within the grounds of the main dwelling. |
Within 28 days of our decision on the claim for an exemption. Development must not have commenced*. |
| Self‐build exemption (Regulation 116B) | Appeals can be lodged directly with the VOA. | The appeal can only be made by the person who was granted the exemption for self‐build housing, on the grounds that we have incorrectly determined the value of the exemption allowed. | Within 28 days of our decision on the claim for an exemption. Development must not have commenced*. |
| Surcharges (Regulation 117) | Appeals can be lodged directly with the Planning Inspectorate (PINS). | The appeal can be made by a person who is aggrieved at our decision to impose a surcharge. | Within 28 days of the surcharge being imposed. |
| Commencement of development (Regulation 118) | Appeals can be lodged directly with the Planning Inspectorate (PINS). | The appeal can be made by a person on whom a demand notice is served, on the grounds that the date of commencement has been wrongly determined. | Within 28 days of the surcharge being imposed. |
| Issuing of a stop notice (Regulation 119) | Appeals can be lodged directly with the Planning Inspectorate (PINS). | The appeal can be made by a person who is aggrieved at our decision to impose a levy stop notice. | Within 60 days of the date when the stop notice takes effect. |
* See Regulation 7, and section 56(4) of the Town and Country Planning Act 1990, for the definition of ‘commencement’ of development’.