Apologies if this has been raised before, but I don't think that it has been.
As we will all know, the CIL chargeable amount is a local land charge (Reg.66). The question arises as to what part of the Local Land Charges Register it should be registered in.
My Land Charges colleague has shown me a copy of an advice note for local land charges officers that was produced in 2012 by Jan Boothroyd. For those of you who do not know, Jan is the author of the current (14th) adition of the text book "Garner's Local Lland Charges" which is considered as the definitive guide to local land charges.
In her advice note Jan says that, upon the issuing of the Liability Notice, an entry should be made in Part 1 (General Financial Charges) of the Register and then the entry transferred into Part 2 (Specific Financial Charges) when the Demand Notice is issued.
I take issue with that advice as it seems clear to me that Part 1 of the Register is only intended to include financial charges where a local authority has or expects to expend money which it can later recover from the owner(s) of land.
In my view the relevant entry ought to be made in Part 2 of the Register when a Liability Notice is issued, The entry then ought to remain until CIL is paid in full or, in cases where exemption is granted subject to a claw back period, at the end of that period.
I intend to raise this issue with Jan, but before I do so, I would be interested to hear what other LPAs that have adopted CIL are doing.
I don't think that I have missed any amendment to the Local Land Charges Rules 1977 that would support Jan's view but I might have and therefore I stand to be corrected!
