If you are applying for a development that will trigger a CIL liability (involves the creation of floorspace 100sqm or more, the creation of a new dwelling or the conversion of a building no longer in use) then you must complete and submit Form 1: CIL Additional Questions Form (external link), alongside all other planning application forms and supporting information.

The information provided on this form will enable us to determine whether or not CIL is payable and to calculate the chargeable amount.

All forms are available from the Planning Portal but should be returned to us at the Council.

• Form 1: CIL Additional Questions Form (external link)
• CIL Additional Questions Guidance Note (external link)

Where a development has been applied for under prior approval may be CIL liable a Notice of Chargeable Development form will be required preferably with the application submission.

When you receive planning approval for a CIL liable development, we will then issue you with a CIL Liability Notice as soon as possible following the decision notice.  Where planning permission is granted on appeal, the CIL Liability Notice will be issued as soon as possible following the appeal decision.

The Liability Notice sets out the amount you must pay for CIL for the development.  The CIL Liability Notice will include all relevant gross internal area floorspace contained in the development, including floorspace that may be eligible for relief or exemption. The gross internal area of a building is the area of a building measured to the internal face of the perimeter walls at floor level (over each floor of the development) - in accordance with the Royal Institute of Chartered Surveyors (RICS) Code of Measuring Practice.

A new liability notice will be issued at any point that the liability changes. This may be as a result of changes to the liable persons, effects of relief or appeal decisions.

Interested parties, where known, will be sent a copy of the liability information.

Once a Liability Notice has been issued, the CIL charge will be registered on the Land Charges Register.

Liability is calculated on the gross internal area (GIA) of the buildings. For a definition of GIA, and for information on how CIL is calculated, see our CIL Charges and calculating CIL page.

Appealing against a Liability Notice

If you consider that the amount has been calculated incorrectly, then you can request that we recalculate it. If, following recalculation, you still consider the amount is incorrect you can appeal to the Valuation Office Agency (VOA) (external link).  Time limits for reviews and appeals apply.  More information on CIL appeals can be found on the following links

https://www.gov.uk/guidance/community-infrastructure-levy-how-to-make-an-appealhttps://www.gov.uk/guidance/appeal-a-community-infrastructure-levy-enforcement-notice

When you receive planning approval for a CIL liable development, we will then issue you with a CIL Liability Notice as soon as possible following the decision notice.  Where planning permission is granted on appeal, the CIL Liability Notice will be issued as soon as possible following the appeal decision.

The Liability Notice sets out the amount you must pay for CIL for the development.  The CIL Liability Notice will include all relevant gross internal area floorspace contained in the development, including floorspace that may be eligible for relief or exemption. The gross internal area of a building is the area of a building measured to the internal face of the perimeter walls at floor level (over each floor of the development) - in accordance with the Royal Institute of Chartered Surveyors (RICS) Code of Measuring Practice.

A new liability notice will be issued at any point that the liability changes. This may be as a result of changes to the liable persons, effects of relief or appeal decisions.

Interested parties, where known, will be sent a copy of the liability information.

Once a Liability Notice has been issued, the CIL charge will be registered on the Land Charges Register.

Liability is calculated on the gross internal area (GIA) of the buildings. For a definition of GIA, and for information on how CIL is calculated, see our CIL Charges and calculating CIL page.

Appealing against a Liability Notice

If you consider that the amount has been calculated incorrectly, then you can request that we recalculate it. If, following recalculation, you still consider the amount is incorrect you can appeal to the Valuation Office Agency (VOA) (external link).  Time limits for reviews and appeals apply.  More information on CIL appeals can be found on the following links
https://www.gov.uk/guidance/community-infrastructure-levy-how-to-make-an-appeal

https://www.gov.uk/guidance/appeal-a-community-infrastructure-levy-enforcement-notice

Developments may be eligible for relief or exemption from CIL. This is not automatically applied by the Council and you must make an application using the relevant forms and by submitting supporting information and/or evidence.  Reliefs or exemptions can be applied for social housing developments, charitable developments and self build developments.

Exceptional circumstances relief can be considered where a Section 106 agreement is in place. To apply for relief or exemption, you must have assumed liability to pay CIL on the chargeable development and you must apply for relief before development commences. Failure to do so will mean that the Council cannot issue relief or exemption.  Other conditions apply in relation to relief and exemptions.

The relevant forms to apply for relief of exemption can be found here and you should first consider whether you would be eligible by referring to the CIL guidance for Applicants and Developers document

Special areas of conservation (SACs) mitigation requirements

Cannock Chase SAC 

The Council has a duty under the Conservation of Habitats and Species Regulations 2017 (Habitat Regulations) to ensure that planning application decisions do not result in adverse effects on the integrity of Cannock Chase special area of conservation (SAC).

Evidence produced to inform local plan policy shows that any development proposals that involve the net increase of one or more dwellings within a 15km radius of Cannock Chase SAC would have an adverse effect unless mitigation measures are in place.

Follow this link for more information on Cannock Chase SAC

Cannock Chase SAC mitigation requirements

Other members of the Partnership include Natural England, Staffordshire County Council, Cannock Chase District Council, Stafford Borough Council, East Staffordshire Borough Council, South Staffordshire District Council, Forestry Commission, and the Area of Outstanding Natural Beauty (AONB) Partnership.

Applications determined on or after 1 April 2022 which fall within the 15km radius of the zone of influence for the Cannock Chase SAC will need to provide mitigation.

The types of development affected include new homes including those arising through the conversion of existing buildings, houses in multiple occupation, sheltered accommodation and care homes falling within use class C3 and gypsy and traveller pitches. Hotels, holiday lets, and camping & caravan sites will also need to undertake a habitats regulations assessment (HRA) or provide a financial contribution, if they could generate visitors to Cannock Chase SAC.

For all payments agreed / made Cannock Chase District Council (CCDC) will require a payment of £344.01 for each net new dwelling (plus a 5% monitoring fee) created through development within 15km of Cannock Chase SAC .

This figure will be subject to an annual increase which will apply each 1 April from 2024 onwards, in line with the All Items Group (Item reference CHAW) of the Retail Prices Index published by HM Government Office for National Statistics. 

How to pay

If a contribution towards SAC is required, it can be paid upfront by a Section 111 form or where a Section 106 Agreement is required for planning permission, the payment can be included with other obligations. A section 106 Agreement could be produced for the SAC mitigation payment if preferred however this will accrue additional legal fees. Planning permission will be subject to payment before commencement and notification of commencement clauses.

Section 111 Form

You will need to complete and sign the form in the above link and submit a copy to the Planning Department. Incorrect or missing information may delay the determination of your application.

When paying by internet or over the phone you will receive a receipt (usually emailed to the given address). This will contain the  transaction / receipt number. Please ensure this number is provided on the form otherwise this will delay the process. 

Payment options

Credit/Debit Card 

You can make payment by credit or debit card via the following methods:

• Using our online payment system by following the link below:

https://www.cannockchasedc.gov.uk/online/pay-online 

Please pay your contribution by BACS to the following details:

• Alternatively you can make a payment over the telephone by ringing the Council’s telephone number on 01543 462621.
• Visiting our Reception at Civic Centre, Beecroft Road, Cannock, WS11 1BG

Refunds

The authority will return the contribution to the payee on written application to the authority if either of the following occurs:

• Planning permission is refused, and six months have elapsed from the decision date without a planning appeal.
• The development has not started, and the planning permission is no longer capable of being implemented.
• Any planning appeal submitted in respect of the development has been dismissed.

The total amount refunded will be the sum of original Cannock Chase Special Area of Conservation Contribution payment less an administration fee of £50. No interest accrued will be refunded.

At least 1 day before commencement starts, you must submit a CIL Commencement Notice to the Council. This informs us when the development is going to commence, and forms the basis of the dates that CIL payments will become due.

• Form 6 - Commencement Notice (external link)

Failure to submit these forms prior to commencement, or not at all, or providing an incorrect commencement date will result in the Council deeming a commencement date. We will also issue a penalty surcharge, equivalent to 20% of the CIL amount payable or £2,500 (whichever is the lesser amount).

If no-one assumes liability to pay, then liability will rest with the landowner. Where the Council has to identify who the landowners are, we can impose a penalty surcharge.

What is classed as commencement?

Commencement is classed as any material operation that is carried out on the relevant land. This includes the erection of a building, demolition of a building, digging of a trench, laying of underground pipes or mains, any operation to construct a road or any change in the use of land that is classed as material development.

The Council will record and acknowledge receipt, in writing, of your commencement notice and issue a Demand Notice and invoice.

When the Council receives a CIL Commencement Notice, we will issue a Demand Notice and invoice to the person(s) who have assumed liability to pay CIL. The notice will set out the date that CIL must be paid by. In most cases, you will have 60 days to pay from the date of commencement (unless the Council instalment policy applies - see the CIL guidance for Applicants and Developers document).

If payment is not made by the due date, we will impose penalty surcharges and interest. Payment of CIL is enforceable through the planning process and the courts.  Please note, the amount of CIL that is to be paid is related to the planning permission granted on the site not what is then actually built on site i.e. reductions in CIL charges can not be made once you have begun implementing a planning permission with a related CIL charge (unless a Section 73 minor amendment application applies).

Appealing against a Demand Notice

You can appeal on the following grounds:

• The Council incorrectly applied surcharges
• The Council deemed the development to have commenced when it did not
• The Council incorrectly apportioned liability

Time limits for appeals apply.  More information on CIL appeals can be found on the following links

• https://www.gov.uk/guidance/community-infrastructure-levy-how-to-make-an-appeal
• https://www.gov.uk/guidance/appeal-a-community-infrastructure-levy-enforcement-notice

The Council will acknowledge all payments received within 5 working days.

Upon payment, providing you are not subject to any relief and clawback periods, we will remove the CIL charge from the Land Charges Register.

If relief has been granted then the CIL charge will remain on the Land Charges Register for 3 or 7 years, depending on whether exemption or relief has been granted, in the event a disqualifying event occurs.  The CIL charge will be removed when the time period lapses.  

Regarding enforcement of CIL, there are strong enforcement powers and penalties for failure to pay, including Stop Notices, surcharges, late payment interest and prison terms. Further information about the possible consequences of not following the CIL process is contained within the CIL guidance for Applicants and Developers document.

Please note – CIL liability is held as a charge on land. If CIL is not paid you may have difficulty selling your land or property.