Data protection and CIL
In accordance with the Data Protection Act 2018 and the UK General Data Protection Regulations (UKGPDR) the Council has published a Privacy Notice to explain how personal and confidential data about individuals is collected used and shared.
Under certain circumstances there is a need for personal data to be provided to the CIL Charging Authority and shared with other relevant material interests and anyone who is acting on an individuals behalf.
As a result of the Law Society’s introduction of Community Infrastructure Levy related questions on CON29 Land Charges Search requests under question 3.10, the Council made a decision to make all key CIL documents a matter of public record to be published under the relevant planning reference number to which they relate. This could include the following forms and accompanying documentation requirements, and the Council’s responses to those documents and also the Council’s directly produced CIL documents:
- CIL Assumption of Liability Form
- Withdrawal of Liability Form
- CIL Transfer of Assumed Liability Form
- Claiming Exemption or Relief Form ( covering Charitable Relief, Social Housing Relief & Exceptional Circumstances Relief)
- CIL Notice of Chargeable Development
- CIL Commencement Notices;
- CIL Self-Build Exemption Forms Parts 1 & 2
- CIL Self-Build Residential Annex Exemption Claim Forms
- CIL Self Build Residential Extension Claim Form
- CIL Liability Notice (If superseded only the most up to date will appear)
- CIL Demand Notice (if superseded only the most up to date will appear)
- CIL Confirmation of payment and/or discharge letter
To review the published CIL information, go to the Public Access website and search using the relevant application reference number to open the specific application. The relevant application information can be found in a Land Charges Search. Under the ‘Documents’ tab the relevant published CIL documents should be easily identifiable on one of the pages of documents.
Once the CIL Document PDF is open, this can be downloaded and stored if required. The Public Access website will be the only location where the most up-to-date CIL documents can be found. Some CIL documents can be superseded, so where it is appropriate to do so, previously published documents that can be removed from the website will be.
Basic information on CIL liability that is registered as a Land Charge should be provided within a Land Charges Search response. If there is a requirement to find out more about the CIL associated with a piece of land the additional Con29 Qu.3.10 can be paid for. This will provide information on previous and current CIL liability, even if it has been discharged.
A £0.00 liability doesn’t necessarily mean that there is no CIL to be paid in all cases. CIL can be reduced to £0.00 liability as a result of CIL relief or exemption claims being in place and valid. In most cases a clawback period exists within which should a disqualifying event take place an amount of CIL could subsequently be demanded for payment.