CIL Liability issued by council

[maxiav]

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.

[nod]

You can appeal this 

[Alan Ambrose]

Ah, unethical behavior by LPA, who’d have thought? Which LPA & how much?

 

Besides legal, suggest hit up head of council, MP and local paper - probably in that order i.e. let head of council respond before going public.

[maxiav]

1 hour ago, Alan Ambrose said:

Ah, unethical behavior by LPA, who’d have thought? Which LPA & how much?

 

Besides legal, suggest hit up head of council, MP and local paper - probably in that order i.e. let head of council respond before going public.

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. ;(

[nod]

30 minutes ago, maxiav said:

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. ;(

You need to contact the Cil directly 

I had a 62k charge Which they canceled over the phone Followed by email confirmation All done on the same day 

[maxiav]

26 minutes ago, nod said:

You need to contact the Cil directly 

I had a 62k charge Which they canceled over the phone Followed by email confirmation All done on the same day 

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.

Edited Sunday at 18:57 by maxiav

[nod]

1 hour ago, maxiav said:

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.

There’s no point in speaking to planners 

You need to speak to the Cil team 

Which in our case was one guy and his young assistant that has no taken over 

 

We bought two plots and intended building one house and the foundation s for the next and also still had the 37k cil running from our previous build 

They certainly got my attention with a 62k bill Payable Within six weeks of breaking ground 

[G and J]

Phone up your CIL team and ask for their guidance.  We did and they’ve been lovely even though they were erroneously given notice that we’d started when we hadn’t and the paperwork hadn’t been done. 
 

They are highly likely to be dealing with belligerent, ‘everyone is out to get me’ shouty types every day who really would do almost anything to avoid payment.  
 

We’ve found that despite me being anxious being nice really helped.  Good luck. 

[Bonner]

Another vote for talking directly to the CIL coordinator. Our contact was very helpful.

[nod]

19 minutes ago, Bonner said:

Another vote for talking directly to the CIL coordinator. Our contact was very helpful.

Ours also 

Our buyers solicitors flagged that the cil on our previous was not showing as discharged They where really helpful sorting this out 

[mjc55]

Yes, our CIL department was very helpful when we asked to do a bit of plot clearing.  No objections and quick to respond.

[Conor]

Can't comment on the main issue, but as you are now building a new buildings make sure everything is zero VAT rated and you keep receipts of materials you buy for reclaiming.

[maxiav]

2 hours ago, Conor said:

Can't comment on the main issue, but as you are now building a new buildings make sure everything is zero VAT rated and you keep receipts of materials you buy for reclaiming.

Thank you @Conor

[maxiav]

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!!!

[G and J]

1 hour ago, maxiav said:

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!!!

I’d have used the blower to communicate person to person, but hey, it’s your project. 

[Temp]

I'd be pointing out that it cannot be a continuation of the original development as that wouldn't be lawful.

 

Before restarting any work I would file a new application for an exemption form 7 under the new planning grant.

 

I hope the new planning grant isn't "retrospective". There are appeal cases where that happened and the CIL exemption was lost..

 

https://assets.publishing.service.gov.uk/media/67501f63b9847955e1632a04/CIL_Appeal_1847779_10_Sep_24.pdf

 

 

[maxiav]

20 hours ago, maxiav said:

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!!!

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 ;(.

[maxiav]

20 hours ago, maxiav said:

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!!!

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. 

[Alan Ambrose]

Ah, a specialised appeal process for CIL - who knew? Maybe just a way to dissipate your energy.

 

I see there are some old decisions here: https://www.gov.uk/government/collections/community-infrastructure-levy-appeal-decisions

 

You don't hear the phrase 'public servant' used much these days, do you?