Purpose

The purpose of this delegated decision is to
not proceed with enforcement of the Liability and Demand Notice and
approve credit notes to be issued for 2 x invoices of
£13,606.48 and £680.32 relating to this liability, due
to the unique circumstances of this case.

Decision

This is a unique set of circumstances where a self-build exemption
for CIL liability was applied for and permitted on an earlier
planning permission. The earlier planning permission was lost due
to a failure to discharge pre-commencement conditions.

A new full planning application was subsequently submitted and
approved. However, the development had already commenced prior to
submitting the new application, and therefore, as stated in CIL
regulations 2010 (as amended) a further self-build exemption could
not be applied for - as this must be done prior to the commencement
of the development. The consequence of this was that a new
Liability Notice was issued using a deemed commencement date of the
date of the decision for the full chargeable amount to be paid
immediately for the purposes of the CIL Regulations.

The applicant was under a genuine mis-apprehension that the new
application just sought to amend the previous one and therefore the
self-build exemption certificate granted to this application would
transfer over the new permission.