Purpose

To approve a payment plan allowing the overdue amount of the Community Infrastructure Levy (CIL) chargeable amount to be paid to the CIL Charging Authority over a 12-month period, ending on 31st October 2026, due to the exceptional financial circumstances of the liable party associated with this CIL case.
However, should the land be sold prior to 31st October 2026, any outstanding balance of the CIL chargeable amount — including any applicable late payment interest or surcharges — must be paid in full to the CIL Charging Authority within 30 days being sold or 31st March 2026, whichever is the earliest date.

The approval of a payment plan in these circumstances does not prevent or remove the ability of the Council to secure payment of the outstanding CIL amount using the enforcement powers available to them under the CIL Regulations should there be a default on the agreed payment plan

Decision

Following the decision, a payment plan will be implemented to allow the chargeable amount of £393,578.74 — plus any accruing late payment interest — to be paid in full over a 12-month period, concluding on 31st October 2026.

Alternative options considered

There are several enforcement options available under the CIL Regulations, including the issuing of a warning notice and a stop notice. However, as no further development has taken place beyond the initial implementation of the planning permission, this approach is unlikely to be effective and may be subject to challenge.

Should the liable party default on any approved payment plan, a Liability Order may be sought through the Magistrates’ Court following the issue of a reminder notice.

As the liable party has agreed to pay the full chargeable amount in instalments over a 12-month period ending on 31st October 2026, I recommend approval of a payment plan with payments scheduled on agreed dates. The final payment must be made by 31st October 2026, or earlier if the land is sold to another party