Decision details

Not 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, maintaining that immediate payment is required;

And

 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, maintaining that immediate

payment is required.

To exercise the following discretion –

 In accordance with adopted Council Policy ‘Payment of CIL by Instalments’

(October 2018) re-instate the ability to make payment of the CIL Charge

only in line with this policy.

In relation to –

 Planning Application Reference Number: 21/02526/FUL

 Site: Bridge House, 88 Lansdown Road, Cheltenham, Gloucestershire,

GL51 6QR

 Description of Development: Sub-division, alteration and extension of

existing dwelling house to form a pair of semi-detached residential

properties (revised scheme to approved planning permission ref.

21/01396/FUL).

 Liable Party:

As the developer employed a professional advisor, who failed to ensure the

CIL legal requirements were met, I believe the case for waiving the

surcharges is weak and that they should be upheld and remain payable

immediately. The developer may then make a decision regarding seeking

redress from their advisor.

In support of our Corporate Plan priority to increase the supply of housing,

allowing payment of the CIL charge in line with the instalment policy which

will help the developer themselves from suffering the penalty which may

otherwise impact their cash-flow and therefore the viability of the

development that requiring immediate payment would levy.

Re-instatement of the right to pay the CIL charge itself according to the

adopted instalments policy would be contingent upon the immediate

payment of the surcharges. If accepted the CIL charge is then secured as

payable.

For these reasons I have made this decision.

Waiving the surcharge of £2,326.76 in addition to the £50 surcharge for

failing to assume liability. However by the developers own admission the

failures occurred as a misunderstanding between a professional advisor and

their client with no fault on the part of the Charging Authority. Any redress

should therefore be sought from that advisor and the surcharges secured to

reimburse the Charging Authority for the costs incurred in addressing this

request.

The Charging Authority’s 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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