Hi all, I have a situation where a
developer was granted 100% affordable housing relief for a site,
commenced work and then mothballed it. The site has now been purchased
by a different developer. I understand from the regs. that in an ideal
world the original developer would have contacted us to advise of a
disqualifying event and we would have served them with a Demand Notice
for the full amount of CIL including late payment interest from the
date of commencement. However, in the real world we have heard nothing
from the original developer but the new developer has emailed us with
a CIL Form 2 to assume liability to pay the CIL and advising us that
they wish to continue with the build as open market dwellings. Would
you issue the CIL Demand Notice for immediate payment, including late
payment interest and a surcharge for failure to notify a disqualifying
event, to the original developer or the new developer? This seems
rather harsh on the new developer as he hasn't technically breached
any CIL Regulations. I'd be grateful for your help with this one.
