Decision details

To exercise the following discretions:

-       Under Regulation 83 of the Community Infrastructure Levy Regulations 2010 (as amended), to waive the surcharge for failure to submit a Commencement Notice;

-       Under Regulation 80 of the Community Infrastructure Levy Regulations 2010 (as amended), to waive the surcharge for failure to assume liability prior to the Commencement of Development; and

-       In accordance with adopted Council Policy ‘Payment of CIL by Instalments’ (October 2018) re-instate the ability to make payment in line with this policy.

In relation to:

-       Planning Application Reference Number:  21/02749/FUL

-       Site:  15 Gristmill Close, Cheltenham, Gloucestershire GL51 0PZ

-       Description of Development:  Erection of two-storey dwelling on land adjacent to 15 Grist Mill Close;

-       Liable party:   

As this is a mall builder, I believe the case for waiving the surcharges and allowing payment in line with the instalment policy is justified as this will avoid the time and cost of defending potential appeals.

The CIL charge will also be secured as payable, again avoiding the time and cost of requests for review of the chargeable amount, for which no costs are recoverable, and appeal.

For this reason and in support of our Corporate Plan priority to increase the supply of housing, in particular as these surcharges and the requirement for immediate payment risk making the development unviable, I have made this decision.

Pursuing the surcharge of £682.72 in addition to the £50 surcharge for failing to assume liability which, if payable immediately along with the CIL charge of £3,413.58, for a small builder may make the project unviable and result in no CIL charge being recovered as well as costs being incurred.

Whilst the Regulations do not provide the discretion to waive the CIL charge, it does in the case of the failure to submit a commencement notice or assume liability and out policy on instalments provides discretion in its application and in doing so reduces the penalty being endured by this developer.

Advice Received on exercise of discretion by lead officer under those parts 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)

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