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: