Development carried out under general consent, such as permitted development rights, can still be liable for the CIL. General consent is granted through legislation, including the Town and Country Planning (General Permitted Development) (England) Order 2015, which allows certain types of development to proceed without the need for a specific planning permission.

Where development is undertaken under general consent and may be liable for CIL, the developer is required to submit a Notice of Chargeable Development to the local planning authority before development commences. This enables the authority to determine whether CIL applies and, if so, to calculate the levy payable in accordance with the Community Infrastructure Levy Regulations 2010.

The requirement to submit a Notice of Chargeable Development does not apply where the development results in less than 100 square metres of net additional internal floorspace.

Failure to submit the required notice before starting development may result in CIL becoming payable in full and could also lead to surcharges or enforcement action under the relevant regulations.