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: 19/00673/FUL

 Site: 58A Gloucester Road, Cheltenham, Gloucestershire, GL51 8PA

 Description of Development: Conversion and extension of existing bungalow

to create two dwellings. External works, paving, landscaping and parking

areas.

 Liable Party: redacted

The liable party was unaware of the requirement to submit a separate CIL

‘Commencement Notice’ having not dealt with a CIL application before.

When submitting a Commencement Notice to Development Control the

liable party was told (email provided to confirm) “Thank you for your

notification of commencement of development. I can confirm that there are

no planning issues with works commencing on site”

In this case there was a failure to make the developer aware of their

responsibilities. The Decision Notice (17 July 2019, Appendix 5) does not

include the information on meeting CIL obligations and only includes

reference to the need for a separate commencement notice to Building

Control.

As this misunderstanding was in part due to inadequate information provided

by the Planning and Charging Authority 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 which are

likely to be lost.

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 £1,627.41 in addition to the £50 surcharge for

failing to assume liability which, if payable immediately along with the CIL

charge of £8,137.04, may make the project inviable 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 our 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)

One Legal.