Decision details

To exercise the discretion to waive the surcharge for failure to submit a Commencement Notice in the case of Fiddlers Green Lodge, Pheasant Lane, Cheltenham.

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

To exercise the discretion, under Regulation 83 of the Community Infrastructure Levy Regulations 2010 (as amended), to waive the surcharge for failure to submit a Commencement Notice in the case of:

·         Planning Application Reference Number: 19/02417/FUL

·         Site: Fiddlers Green Lodge, Pheasant Lane, Cheltenham, Gloucestershire. GL51 0XX

·         Description of Development: Erection of 2 no. self-build dwellings including landscaping, footpath and passing bay

·         Liable Party: Mr and Mrs Jeffreys (Senior)/ Mr and Mrs Steve Jeffreys (Junior)

Reasons for the decision:

Mr and Mrs Jeffreys are owners and occupiers of Fiddlers Green Lodge and the land adjacent to it on which they gained planning permission to build two self-build homes: One for them and one for their son and daughter in-law to live in.

 

The permission (19/02417/FUL) for 2 self-build dwellings on land adjacent to Fiddlers Green Lodge, Pheasant Lane, Cheltenham, Gloucestershire, GL51 0XX was granted on 29 January 2020 and was therefore CIL liable. 

 

The required CIL forms were completed and submitted in February 2020, including the successful claim for self-build relief.

 

Unfortunately they submitted what they genuinely believed to be the ‘commencement notice’, as on the decision notice the explanation is to submit the attached form as well as notification of commencement for Building Control purposes, so they didn’t realise that a third CIL ‘Commencement Notice’ was also necessary.

 

As a result of this error the Charging Authority ‘may’ impose a surcharge equal to 20 per cent of the chargeable amount payable in respect of D or, as in this case, £2,500 whichever is the lower amount.

 

However on this occasion, as a result of the confusion caused by the requirement to submit three separate Commencement Notices, which will in future be addressed with more detailed and improved guidance on decision notices issued by the Borough Council, I have made the decision not to impose the surcharge of £2,500.

Alternative options considered:

Pursuing the surcharge of £2,500.00. 

 

The Regulations do provide the discretion to waive the CIL charge for failure to submit a commencement notice and in doing so reduces the penalty being endured by this/these self-builder(s).

Wards Affected: Hesters Way;

Other reasons / organisations consulted

Advice received that the lead officer may feel that they can take the decision under that part of Table 5 under Part 3E of the Constitution whereby they can “Take all steps reasonably necessary for the effective and efficient delivery of services for which they are responsible” .

 

Cheryl Lester, Chief Planning Lawyer, by email (31 January 2020).

 

The authority of the lead officer is delegated to the Head of Planning.

Consultees

One Legal and Leader/Cabinet Member

Contact: David Oakhill, Senior Development Manager, Place & Growth 01242 264168 Email: [email protected].

Publication date: 23/09/2020

Date of decision: 23/09/2020