Hi all, we have a case where due to an administrative error, a CIL Liability Notice was not issued until more than 2 years after the Decision Notice, after we noticed the error. The owner of the site, a Registered Provider who was not the original applicant, has since submitted a claim for full social housing exemption, however they commenced early last year, and we have therefore advised an exemption is not available.
Following internal discussions, we are wondering where we stand in terms of failure to comply with CIL Reg 65 (1) , if we have not fulfilled our duty, is it fair to then penalise the RP for not following the regs?
Has anyone else had a similar situation and how have you dealt with it? We are seeking legal advice within the Council also. Just to add that the Decision Notice did state the permission was subject to CIL.
Thanks, Evelyn
