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In England, a delayed or changed planning levy usually means the Community Infrastructure Levy (CIL), but the legal result depends on what changed. A late payment, a delayed demand notice, an amended permission, a new charging schedule and a Section 106 obligation follow different rules. If no one assumed CIL liability before work began, liability normally falls to the landowner and payment is due when development commences. A section 73 amendment can leave the original amount unchanged or trigger a recalculation, credit and possible refund. A later charging schedule does not automatically recalculate every existing permission.
First identify what has actually been delayed or changed
This article addresses England’s Community Infrastructure Levy. CIL is a charge imposed by a charging authority where an adopted charging schedule applies to the development. The authority’s schedule, liability notice and demand notice control the amount and payment terms for the particular site. The Ministry of Housing, Communities and Local Government’s official CIL guidance was last updated on 17 June 2026, including guidance on indexation for outline permissions.
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People often use planning levy to mean different things. Before deciding what to do, classify the event:
| What changed or was delayed? | What it normally affects | Where to look |
|---|---|---|
| Liability was not assumed or payment is late | Who owes CIL, when it is due and whether an instalment or payment window is available | Assumption-of-liability notice, demand notice and local instalment policy |
| The council sent the demand notice late | Administration and project cash flow; it does not by itself erase the charge | Commencement date, notice date and authority correspondence |
| A section 73 permission changes a condition | Whether the earlier CIL amount remains or a new amount is calculated | Original and section 73 permissions, liability notices and payments |
| The charging schedule was revised | Which rate applies, subject to permission type and transitional rules | Schedule adoption date and permission or reserved-matters dates |
| A Section 106 contribution is being changed | A separate contractual and statutory planning-obligation process | The signed agreement and the statutory modification or appeal route |
| The planning application decision is late | Decision-making and a possible non-determination appeal, not automatically CIL liability | Application timetable, agreed extension and planning appeal rules |
If CIL payment or liability was delayed
No assumption of liability before commencement
Landowners are ultimately liable for CIL, although another party involved in the development may assume liability. To use any payment window or instalment arrangement offered by the charging authority, the liable party must assume liability before development commences. If nobody does so, liability defaults to the landowner and the charge becomes payable as soon as development commences.
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Commencement is therefore a critical date. Do not assume that an intended future sale, a contractor’s involvement or an informal agreement transfers CIL responsibility. Keep the dated assumption-of-liability record and confirm that the authority accepted it before work started.
A late payment is not the same as a late notice
The demand notice states the amount owed and the due date. Once that date has passed, the account may be treated as overdue under the CIL regulations and the authority’s enforcement process. Check the notice immediately rather than relying on a verbal promise that an instalment plan will be arranged later. Ask the collecting authority to confirm, in writing, the outstanding balance, due date, interest or surcharges (if any), and whether an applicable local instalment policy remains available.
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Official guidance says a demand notice should be issued as soon as practicable after development has commenced. It warns that failure to do so can cause delay to development and additional costs for developers. That warning concerns the authority’s administration; it is not a general cancellation of CIL. Preserve evidence of the commencement date, the date the notice arrived, requests for clarification and any demonstrable cost or programme impact. The authority’s published procedure and the facts of the case determine what remedy, if any, is available.
What a section 73 permission does to CIL
A section 73 permission varies a condition attached to an existing permission. The first question is not whether the permission changed in wording, but whether the change alters CIL liability.
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Where liability is unchanged
If the section 73 permission does not change CIL liability, the chargeable amount in the most recent liability notice for the former permission remains the basis for the charge. The amendment does not, by itself, reopen the calculation simply because a new decision notice has been issued.
Where liability increases or decreases
If the amendment changes liability, the most recently commenced or recommenced scheme is liable and the authority applies separate rules to an increase and a decrease. Amounts already paid under the earlier permission are credited against the new liability. If the credit is greater than the recalculated charge, the excess is refundable.
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| Section 73 outcome | How the authority compares the permissions | Effect of earlier payments |
|---|---|---|
| Unchanged liability | Use the amount in the latest liability notice for the former permission | Continue against that notified liability |
| Increased liability | Calculate the additional area using the applicable current indexed rate and add it to the amount in the previous liability notice | Credit payments already made; the remaining balance is payable |
| Decreased liability | Calculate the reduction using the rate and index for the year of the original permission | Credit payments; refund any amount paid above the new liability |
Why the comparison date matters
For the increase-or-decrease comparison, the charging authority calculates notional chargeable amounts as if both permissions had been granted on the date of the earlier permission. This is intended to isolate the effect of the permission change rather than letting indexation alone create an artificial difference. Obtain both liability notices and the authority’s calculation so you can see which floorspace, rates and indices were used.
Does a new CIL charging schedule replace the old rate?
Not automatically. A charging authority sets CIL rates in its charging schedule, and the relevant transitional rule depends on the permission history. One important example concerns outline permission: where the outline permission was granted while the earlier schedule was in force, the earlier schedule is used to calculate the chargeable amount when reserved matters are approved after the revised schedule takes effect.
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That rule should not be generalized to every permission type. Check the schedule’s effective date, the date of the original permission, whether the permission is outline, and the date reserved matters were approved. Ask the authority to identify the transitional provision it has applied rather than assuming that the newest published rate is correct.
Do not confuse CIL with a Section 106 obligation
Section 106 planning obligations are legal obligations entered into to mitigate the impacts of a particular development. They are separate from CIL. Government guidance states that a planning obligation must be necessary to make the development acceptable in planning terms, directly related to it, and fairly and reasonably related in scale and kind.
Changing a Section 106 agreement
The agreement itself and the statutory conditions determine whether modification or discharge can be sought. In specified circumstances there is a statutory route to ask for a change. If the authority refuses, section 106B provides an appeal route. The guidance describes a six-month deadline from refusal, or six months from the point eight weeks have passed after a request where no decision has been issued. Because wording, dates and viability provisions differ between agreements, use the executed agreement and the authority’s decision rather than treating a Section 106 sum as a CIL balance.
If the planning decision itself is late
An overdue planning application is a different problem from late CIL payment. England’s planning guidance sets decision periods and a planning guarantee. After the applicable statutory or agreed period has expired, an applicant may be able to appeal against non-determination. That process challenges the missing planning decision; it does not decide the CIL amount or substitute for the liability and demand notices issued for an approved development.
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A practical process for a live project
- Identify the charge. Confirm that the issue concerns CIL, not a Section 106 obligation, a planning application fee or another local charge.
- Name the charging authority. Locate the authority’s charging schedule, instalment policy and published CIL procedures for the site.
- Build the permission timeline. Record the original permission date, any section 73 date, outline and reserved-matters dates, commencement or recommencement date, and the effective date of any revised schedule.
- Check liability. Find the assumption-of-liability notice and proof that it was submitted before commencement. If none exists, establish the landowner’s position immediately.
- Reconcile notices and money. Compare every liability notice and demand notice with bank records or receipts. For a section 73 change, request the authority’s notional comparison and its treatment of earlier payments.
- Confirm the current action in writing. Ask for the amount outstanding or refundable, the due date, any available instalment arrangement, and the authority’s legal basis for applying a rate or transitional rule.
- Escalate the correct issue. Use the CIL procedure for a levy notice, the agreement’s modification route for Section 106, or the non-determination appeal route for an overdue planning decision. Do not send a Section 106 challenge as though it were a CIL payment dispute.
Documents and dates that decide the answer
- The local charging schedule and its effective date.
- The original planning permission and, where relevant, the section 73 decision.
- Outline permission and reserved-matters approvals.
- Assumption-of-liability notice and evidence of submission before commencement.
- Commencement notice or other reliable evidence of when development began or recommenced.
- Every liability notice, demand notice, instalment notice and correspondence about delay.
- Receipts, bank confirmations and the calculation of any credit or refund.
- The signed Section 106 agreement if the contribution is not CIL.
Common mistakes and how to avoid them
Applying the newest rate without checking the permission history
A revised schedule is not a universal reset. For outline permissions, the earlier schedule may govern the charge when reserved matters are approved later. Check the transitional rule before budgeting from a current rate.
Treating a section 73 approval as an automatic increase
Some amendments do not change CIL liability. Obtain the authority’s determination rather than assuming that every varied condition creates a new charge.
Assuming a delayed demand notice removes liability
The guidance expects prompt issue after commencement and recognizes the cost of delay, but the notice delay alone does not establish that the underlying charge has disappeared. Keep evidence and request a written account reconciliation.
Starting work before liability is dealt with
Commencement without an accepted assumption of liability can move responsibility to the landowner and remove access to payment windows or instalments. Make the liability submission a pre-start control in the construction programme.
Using the wrong appeal route
A late planning decision, a CIL calculation and a Section 106 modification are separate procedures with different deadlines and decision-makers. Label the dispute correctly before lodging anything.
What to ask the authority
- Which charging schedule and indexation year were applied, and why?
- What commencement date is recorded?
- Was liability assumed before commencement, and is the notice accepted?
- For a section 73 permission, does the authority find liability unchanged, increased or decreased?
- How were payments under the earlier permission credited?
- If the account is in credit, when and how will the refund be made?
- What local instalment or payment-window provisions apply to this permission?
- If the issue is a Section 106 sum, which modification or appeal provision applies to the signed agreement?
For a project-specific decision, have the developer’s planning adviser or solicitor reconcile the notices against the permission history. The decisive facts are local: the authority, dates, wording of the permissions, the recorded commencement and the amounts actually paid.
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