Decision details

Planning Application 18/01281/FUL sought permission for the demolition of the existing dwelling and construction of a replacement dwelling and associated works on the site of Crimmond, Mill Lane, Stoke Orchard.

Timetable
15th April 2019 - CIL Form 0 ‘Additional Information’ submitted.
19th December 2019 – Permission granted.
18th March 2020 - Liability Notice (LN00000087) issued.
15th April 2021 – Charging Authority notified of commencement by Building Control.
9th July 2021 – Deemed Commencement Notice and Demand Notice issued.

As a result of the failure to submit a commencement notice and following the requirements of Regulation 83 a surcharge was imposed for the sum of £2,500 (20% of the CIL charge or £2,500 whichever is lower). As no evidence of ‘in-use’ for the existing building or claim for self-build relief had been submitted the Demand Notice was issued and the surcharges imposed on the full CIL charge using the Gross Internal Area (GIA) of the proposed dwelling provided in the submitted CIL Form 0: 291.6 square metres (sqm) x £104 plus indexation = £30.326.40.

28th June 2021 – Email raising concern received from the Appellant.
9th July 2021 – At the request of the Charging Authority Revenues and Benefits section confirm ‘in-use’ for required period. Allowing 223.7 sqm deduction from the chargeable space leaving: 67.9 sqm x £104 per sqm plus indexation = £7,061.60.

The surcharge for failure to submit a commencement notice (£2,500 or 20%), upon which this decision is based, was therefore also reduced to £1,412.32.
9th July 2021 - revised Liability Notice (LN00000202) and Demand Notice issued allowing a request for review of the chargeable amount under Regulation 113 and a request to waive the surcharge imposed under Regulation 83.

9th July 2021 – email to Head of Development Services requesting the exercise of Regulation 83 discretion to waive the surcharge sent by Appellant.

This is a penalty that will be paid by the self-builder but is not a result of their actions. In these circumstances, on the basis that the appellant will assume liability for repaying the CIL charge during the Self-Build Relief clawback period, it is expedient to waive this charge

To exercise the discretion to waive the surcharge for failure to submit a Commencement Notice in the case of Crimmond, Mill Lane, Stoke Orchard, Cheltenham, Gloucestershire, GL52 7SG

Pursuing the surcharge of £1,412.32.
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 this/these selfbuilder(s).