Decision details

To exercise the discretion to waive the surcharge for failure to submit a Commencement Notice in the case of 2 Blaisdon Way, 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: 19/00433/FUL

·         Site: 2 Blaisdon Way, Cheltenham, Gloucestershire, GL51 0WR

·         Description of Development: Erection of a new detached dwelling

·         Liable Party: Default to new Landowner - DS PROPERTY (CHELTENHAM) LIMITED

Reasons for the decision:

DS are DS PROPERTY (CHELTENHAM) LIMITED (Company Number: 10742072) who purchased the property on completion on 01 April 2020 from Mr Mitchell Ross of 2, Blaisdon Way, Cheltenham, the original applicant.

 

The permission (19/00433/FUL) for a new build detached dwelling on land adjacent to 2, Blaisdon Way, Cheltenham was granted on the 16 May 2019 and was therefore CIL liable. As no CIL Forms were submitted calculations were undertaken using the submitted planning application documents and a Liability Notice was issued on 31 January 2020, sent by Royal Mail signed-For Delivery and signed for on the 01 February 2020.

 

Though Local Land Charge searches were carried out by x-press legal on behalf of Hughes Paddison Solicitors on 07 February 2020 and responded to on 10 February 2020, revealing LN00000114 for £12,876, the purchaser was mistakenly under the impression that because it was to be self-build dwelling it was exempt and required no further action.

 

As a result of this single mistake, in addition to the surcharges for failure to assume liability, of £50, and failure to submit a commencement notice, of £2,500 the new owner has also now lost the opportunity to claim self-build relief and will therefore have to pay the outstanding CIL charge.

 

Self-build housing is normally granted mandatory relief from CIL, but this must be claimed prior to commencement of development by a party with an interest in the land who have assumed liability to pay the CIL charge. In this case this did not happen.

 

As a result of both the original and new owner not assuming liability, claiming self-build relief or submitting a commencement notice DS have accepted that the CIL charge is payable but have asked the Council to exercise their discretion not to impose a surcharge for failure to submit a commencement notice, on the grounds that they are being disproportionately penalised for what they describe as a technical error.

 

For this reason I have made the decision to exercise this discretion.

Alternative options considered:

Pursuing the surcharge of £2,500.00 in addition to the £12,876 CIL charge and the £50 surcharge for failing to assume liability, which on a self-build development would not have been payable had the relevant forms been submitted by the original applicant or subsequent developer. 

 

Whilst the Regulations do not provide the discretion to waive the CIL charge or the surcharge for failure to assume liability it does in the case of the failure to submit a commencement notice and in doing so reduces the penalty being endured by this self-builder.

Wards Affected: Springbank;

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