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

Refuse a PA for lack of CIL info?

Former Member, modified 8 Years ago.

Refuse a PA for lack of CIL info?

Has anyone refused a PA for lack of CIL information, or deliberate misinformation in the CIL form?

We may have an applicant who is disputing the CIL charge (a change of use application with no additional floorspace, but as the building has been vacant for many years, it will attract a CIL charge), and we're discussing the CIL form and how to complete it. The Regs are clear and we can issue a Demand Notice following permission, using the floorspace we believe is correct, and continue down the Enforcement process if necessary. However, are we able to refuse the PA if we feel the CIL information provided is incorrect? We're a little worried we may have a situation where an applicant will secure their permission, and then enter into lengthy wrangles over their CIL payments. If we can refuse the PA, it puts us in a stronger position?

Any advice/experience gratefully received.

Former Member, modified 8 Years ago.

RE: Refuse a PA for lack of CIL info?

We would never do that. We would just issue a liability notice following the permission and then carefuly monitor comencement. If there has ben a lack of co-operation and no commencement notice was received, we would apply the surcharge as well.

Of course the sum in the liability notice can be appealed (after review).