maxiav

I have had a reply, the CIL officer completely ignored my request to take into my personal circumstances in addition to the factual context of this case. And only replied by sending me the appeal form and regulation 113. Appalling honestly. I have never seen anything like it.

I understand your point, however I must admit that the CIL officer has ignored everything I/my architect have had to say and point us to the appeal regulation ;(.

I have now personally written (2 pages) to the CIL team explaining all the facts and events. In the meantime I have already instructed a solicitor, she is on stand by. I have also prepared letters to be sent to the councillors and local MP. I will update you all once hear back from CIL team. Thank you everyone!!!

Thank you @Conor

Thank you for your assistance, @nod. Every piece of information is valuable. My architect has provided them with the CIL form 6, explaining the situation. No work has been undertaken on site since the planning application was approved. The work that had commenced prior to the planning application was for work that was not CIL chargeable in a previous application. Unfortunately, we have not been successful in resolving this matter. However, I believe that the CIL team may not be fully aware of the facts and events surrounding this situation. Saying that also I don't want to further complicate matters by engaging in further discussions with them directly. Thats why I am not sure if I should use the lawyer straightaway.

Thank you @Alan Ambrose. I have already drafted a letter to send to LPA, but not sure if I should contact CIL team directly and explain, or get a lawyer involved. This is Epsom council. Demanding £50K. Thats my own house. You can’t believe the anxiety this has caused. ;(

Hi All. I had planning permission granted for which the majority of the property was to be demolished, retaining only portions of the front and one flank wall. The collapse of the retained wall occurred while I was absent from the site due to my wife’s hospitalisation for surgery. Within 5mins council had be informed by next door neighbour. So the council was aware even before me :))). Anyway I responded to the Council’s enquiries the same day and have acted in good faith throughout, adhering to all instructions. Upon receiving the Council’s directive. I halted all activity and submitted the required retrospective full application as instructed. Council has approved the new application but with it has sent the CIL Demand Notice, which asserts that the new permission is a continuation of development, triggering CIL liability. However there was No continuation of works under new permission – The Council explicitly required me to stop work and reapply (full application); therefore, I think the new permission cannot reasonably be treated as a continuation of the original development. I am already seeking legal advice. However any help would be greatly appreciated. This is my own house and is taking huge toll and distress to me and my family.

Hello @nelly I am having very similar issue. I had planning permission granted for which the majority of the property was to be demolished, retaining only portions of the front and one flank wall. The collapse of the retained wall occurred while I was absent from the site due to my wife’s hospitalisation for surgery. Within 5mins council had be informed by next door neighbour. So the council was aware even before me :))). Anyway I responded to the Council’s enquiries the same day and have acted in good faith throughout, adhering to all instructions. Upon receiving the Council’s directive. I halted all activity and submitted the required retrospective full application as instructed. Council has approved the new application but with it has sent the CIL Demand Notice, which asserts that the new permission is a continuation of development, triggering CIL liability. However there was No continuation of works under new permission – The Council explicitly required me to stop work and reapply (full application); therefore, I think the new permission cannot reasonably be treated as a continuation of the original development. I am already seeking legal advice. However any help would be greatly appreciated. This is my own house and is taking huge toll and distress to me and my family.