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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Today

CIL liable development without landowners consent

REBECCA STADDON, modified 8 Years ago.

CIL liable development without landowners consent

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

Good morning everyone,

I have had a situation arise today that is new to me and would be grateful for any help available.

Work has commenced on a planning permission without the CIL process being followed. This was confirmed by an Approved Building Inspector.

A Demand Notice, with surcharges, was served on the landowners following a land registry check.

The landowners have contacted me to advise that they were unaware that any work has taken place on the land and they did not give permission for this work to take place.

Are they still liable to pay the CIL?

Is there an appeal process they can follow?

All the land in question is owned by one company so Regulation 69A does not apply.

Regulation 33 (4) appears to fit my scenario (the details of the person that has arranged the works is known) but I don't fully understand this Regulation, especially (a) (i).

I would be very grateful for any help with this situation.

Rebecca

 

Former Member, modified 8 Years ago.

RE: CIL liable development without landowners consent

hi Rebecca,

 

Reg. 33(4) will not apply unless the person who entered upon the land and carried out the works did so using a power confered by statute. That is prettymuch only ever going to apply to a public body or statutory undertaker.

In your circumstances, the liability will default to the land owner. I must say however that, in the circumstances, I feel that it is very harsh to apply discretionary surcharges to the landowner. The imposition of the surcharges can be appealed against under Reg.117, but only on limited grounds. Those grounds include a Liability Notice not having been served and you do not mention having served a LN as well as a DN on the owner..

REBECCA STADDON, modified 8 Years ago.

RE: CIL liable development without landowners consent

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

 

Thanks Tony,

A Liability Notice was served in accordance with the Regulations.

The problem / confusion that I have is that the Building Regulations submission was all done in the name of the same company as the planning application but the company are now saying that an individual has been using their company name without their permission.

I know that us CIL Officers can be unnessecarily suspicious sometimes but this seems awfully strange to me.

Also, now that I have started digging around I can find no record of this company even existing, even though all their forms are completed as a Ltd Company.

Curiouser and curiouser......................

Rebecca