Request to waiver recovery of local land charge due to exceptional circumstances
October 7, 2026 Portfolio Holder for Climate Change, Parks and Environmental Health (Cabinet member) Approved View on council websiteFull council record
Purpose
To set out the request to waiver the recovery of the local land charge and seek a decision on whether to support or reject the request in accordance with the council’s policy.
Decision
THAT the Portfolio Holder:
1)Considers the request put forward by the home-owner along with the information available to the council to determine whether to support or reject the request to waiver the recovery of the local land charge
.
2)Decides that the council recovers the local land charge and removes it from the register once repaid.
OR
Decides that the council does not recover the local land charge and removes it from the register.
Reasons for the decision
The priorities within the current Gedling Legacy Plan 2026 to 2028 includes:
•Provide responsive, reliable and value-for-money services
•Ensure safe transition to a new authority
The outcome of this report will balance the health and financial needs of the home-owner with the council’s financial, legal and equalities implications as set out in this report.
Alternative options considered
The portfolio holder supports the request and determines that, in light of the circumstances of the case, the Council should waive recovery of the grant. The local land charge would then be removed from the register without repayment being required.
The portfolio holder rejects the request and determines that the grant should be repaid in accordance with the conditions attaching to the assistance. The local land charge would remain in place until the amount due has been repaid, following which it would be removed from the Local Land Charges Register.
The Portfolio Holder could defer the decision and request further information before determining whether recovery of the grant should be waived. However, officers consider that sufficient information has been provided to enable a decision to be made at this time.
Details
| Reference | D1797 |
| Outcome | Recommendations Approved |
| Decision date | 7 Oct 2026 |