Decision details

To remove the CIL charge of £19,066.63. in the case of:
• Planning Application Reference Number: 20/00274/FUL
• Site: 1 Manor View, Cold Pool Lane, Cheltenham, Gloucestershire.
GL51 6HZ
• Description of Development: Construction of 1no. dwelling adjacent
to existing dwelling and erection of a two and single storey rear
extension to 1 Manor View plus external alterations and replacement
porch for No 1 Manor View

Application published on the Building Control ‘received applications’ list on
20 October 2021 but had not been identified as CIL liable by the Planning
Case Officer in the Uniform case management system. As a result of this
mistake Liability Notice #1 was not issued until 20 October 2021, 19 months after the grant of planning permission 20/00274/FUL, which was on 26 March 2020.
Following OneLegal opinion that the Council will not be able to successfully argue that recovery of the sums should now be made at appeal or in the
Courts during debt recovery, because we have failed to serve the relevant
notices “as soon as practicable after the day on which a planning permission first permits development” as required by Regulation 65 and there is caselaw
to support this, the CIL Charge should not be pursued and should be written off.
For this reason I have made the decision to exercise the discretion provided by Table 5 under Part 3E of the Council’s Constitution to remove the CIL Charge.

Pursuing the CIL charge of £19,066.63

One Legal Opinion “Unfortunately, I do not think the Council will be able to
argue that recovery of the sums should now be made … “as they have failed
to serve the relevant notices in respect of that permission and there is
caselaw which suggests that if prejudice will be caused to the developer /
owner as a result of the Councils delay in serving the respective notices then the Courts will most likely quash the liability or demand notice”. 09 April 2024.

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”
Chief Planning Lawyer, by email (31 January 2020)
Advice Received that “The collecting authority are required to issue a liability notice “as soon as practicable after the day on which a planning permission first permits development” under Regulation 65, this is a mandatory duty. In most cases this will be the date of the granting of planningpermission. There is nothing stated in the CIL regime as to the
consequences if an authority fails to comply with this obligation. However, a demand notice requires a valid liability notice to have been served and
without one no valid demand notice can be served. Also, if a liability notice
is not issued in a timely manner in accordance with Regulation 65, then any surcharges imposed may be quashed if this has prejudiced the owner. The issue of the notice is not expressed to be a pre-condition of the CIL liability.
The liability notice does not trigger the liability to pay CIL. The
commencement of the development triggers the liability to pay, however the Courts have been unwilling to enforce CIL liability where authorities have failed or been delayed in issuing liability notices in respect of the chargeable development carried out”.

Locum Senior Planning Lawyer, by email (09 April 2024