Decision details

Please note that this decision was made my Mike Holmes Interim Head of Planning.

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: 19/01141/FUL

 Site: 2, Bethesda Street, Cheltenham, Gloucestershire. GL50 2AY

 Description of Development: Erection of a new dwelling to the rear of

2, Bethesda Street.

 Liable Party: REDACTED

To uphold the levying of a surcharge under Regulation 80 for failure to

assume liability for the CIL charge

To re-instate REDACTED right to pay the CIL charge and Regulation 80

surcharge according to the Councils adopted instalments policy

REDACTED gained planning permission to build a new dwelling to the rear of 2,

Bethesda Street.

The permission (19/01141/FUL) was granted on 23 August 2019 and was

therefore CIL liable.

No CIL Forms were submitted before development commenced.

An estimated CIL charge of £7,252 was applied.

As a result of failure to assume liability prior to commencement of

development a surcharge of £50 was applied to the original CIL charge.

As a result of failure to submit a commencement notice the Charging

Authority imposed an additional surcharge of £1,450 and on 7 December

2020 served a Demand Notice requiring payment immediately as a result of

this breach.

Regulation 83 provides discretion in stating that the charging authority ‘may’

impose a surcharge equal to 20 per cent of the chargeable amount payable

in respect of D or £2,500 whichever is the lower amount.

Whilst no such discretion exists for the surcharge for failing to assume

liability to pay the charge, on this occasion REDACATED has demonstrated that

the standard of advice given by the Council fell short of that expected and as

a result, and to avoid further legal action for the recovery of this surcharge

and the original CIL Charge, I have made the decision not to impose the

surcharge of £1,450.

Agreement has been reached with the liable party that the CIL Charge of £7,252 plus the £50 surcharge for failure to assume liability will be payable,

in line with the Council’s adopted instalments policy, within 18 months of

commencement of development.

Pursuing the surcharge of £1,450.

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 small builder(s) particularly at this time.

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.

One Legal and Leader/Cabinet Member