21.12.2020 Planning application and CIL form 1 ‘additional information’ submitted.
27.01.2022 Planning permission granted.
02.02.2022 Default Liability Notice issued to the landowners as they appeared on HM Land Registry’s Proprietorship Register.
03.02.2022 New CIL form 1 ‘additional information’ submitted.
03.02.2022 New Default Liability Notice issued to the landowners as they appeared on HM Land Registry’s Proprietorship Register.
00.10.2022 Sale/purchase of the site by the appellant.
29.11.2022 Deemed Commencement Notice and Demand Notice with Surcharges levied under Regulation 80 and 83 issued with a deemed commencement date of 03.11.2022 to the landowners as they still appeared on HM Land Registry’s Proprietorship Register.
26.04.2023 Appellant contacted to find out about the CIL charges and request a review of the surcharges as the applicants are still identified as landowners by HM Land Registry as a result of a backlog of applications to transfer title pending.
The Appellant:
• Submitted a commencement notice to Building Control and we have since acknowledged the need to be clearer that another commencement notice is also required for CIL purposes;
• Had not received prior notification of the CIL charges since his purchase of the land in October 2022 as a result of a backlog in registering transfers of title at HM Land Registry.
The Head of Service has the authority to waive these surcharges in order to avoid further time and cost in staff resources dealing with appeals against surcharges for which costs may not be recoverable.

To exercise the discretion to waive CIL surcharges in the case of Land To The West Of Wayward Lad Close And Desert Orchid Road, Cheltenham, GL52 5FH for:
Failure to submit a commencement notice and failure to assume liability for the CIL charge under Regulations 83 and 80 respectively.

Pursuing the surcharges in addition to the CIL chargeable amount.
The Regulations do provide the discretion to waive the CIL surcharges and in doing so reduces the penalty being endured by such small builder(s) and at the same time the requirement for more staff time and resources in defending appeals that evidence suggests will succeed.