Decision details
To exercise the discretion under Reg 83 of the Community Infrastructure Levy Regulations to waive a Commencement Notice surcharge
Decision Maker: Director of Community & Economic Development - Tracey Birkinshaw
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
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: 21/00931/FUL
Site: Lower Hewletts Farm, Aggs Hill, Cheltenham, Gloucestershire,
GL54 4ES
Description of Development: Farm diversification proposal for
residential conversion of a former agricultural building for short-term
holiday let accommodation
Liable Party:
Reasons for the decision:
agent,
failed to submit a Commencement Notice prior to the Commencement of
Development as a result of illness.
suffered from a Covid infection and failed to submit the
Commencement Notice as was unable to work at the time that client
submitted the Building Regulations application to commence development.
As a result of failure to submit a commencement notice 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.
As a result of evidence submitted and accepted in a Regulation 113 Review
of the Chargeable Amount, justifying the deduction of the floorspace from the
existing in-use building under Regulation 40, no CIL charge remains
payable.
I have therefore made the decision not to impose the surcharge of £1,622.39
for two reasons:
1. The illness and absence of the agent; and
2. The removal of the pre-review CIL charge of £8,111.96.
I am satisfied that, had the agent not suffered from Covid, evidence of in-use
would have been submitted removing the CIL charge and a commencement
notice would have been submitted.
Alternative options considered:
Pursuing the surcharge of £1,622.39.
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 the agent and/or client.
Pursuing the surcharge is likely to lead to a statutory appeal under
Regulation 117 against the surcharge for which the Council will bear costs
whether or not successful.
The results of the Review of the Chargeable Amount make success at
appeal unlikely
Wards Affected: (All Wards);
Other reasons / organisations consulted
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
Consultees
One Legal
Contact: 01242 262626 Email: [email protected].
Publication date: 24/09/2021
Date of decision: 24/09/2021
Accompanying Documents: