CIL information notice

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Rebecca Randall, modified 8 Years ago.

CIL information notice

Enthusiast Posts: 60 Join Date: 06/05/14 Recent Posts

Hello

Has anyone had to serve an information notice under R.35 to apportion liability? I have asked the applicant (one of three owners of the relevant land) to provide an Assumption of Liability Notice to make everyone's life easier, but given a short timescale of 5 working days because I really want to get the liability notice out to close this down.

What information should I be asking for to determine the value of a material interest? None of the landowners are experienced developers so I could see this becoming a protracted issue if I dont give a clear steer on the information we require. And also, is there a standard format for the information notice?

Hopefully someone has gone through this before and can help. Thanks in advance, Rebecca.

Former Member, modified 8 Years ago.

RE: CIL information notice

Hi Rebecca, We've not had to do an apportionment but it can be pretty complex and may need input for valuers. See this section on the VOA guidance http://manuals.voa.gov.uk/corporate/Publications/Manuals/CommunityInfrastructureLevy/Guidance/cil-man-sect4.html#TopOfPage

Former Member, modified 8 Years ago.

RE: CIL information notice

Rebecca,

If the three owners are joint owners of the whole of the application site then they are jointly and severally liable for the whole of the CIL sum and apportionment is not an issue. Each owner would therefore get a liability notice for the full sum.

The need for apportionment only arises if the three owners each own seperate parts of the application site.

Rebecca Randall, modified 8 Years ago.

RE: CIL information notice

Enthusiast Posts: 60 Join Date: 06/05/14 Recent Posts

Yes - that was my first thought when I read the link, let it be joint ownership! I havent carried out a land registry search yet, still hoping the assumption of liability notice route will come to fruition, I will get one done in case they dont submit a notice. I will keep you posted if I do have to apportion :-(

thanks for your help

Rebecca Randall, modified 8 Years ago.

RE: CIL information notice

Enthusiast Posts: 60 Join Date: 06/05/14 Recent Posts

To update...

The land registry search has come back and there are various parts of the site in mulitple ownership and with transfers to third parties for rights of access. Urgh. I have spoken with our Policy Service Manager and we think that as part of any information notice served we would ask for the following:

1) Further details / background behind the multiple ownerships, who has freehold/leasehold, etc with associated plans

2) An assessment of the material interests of each owner carried out by an estate agent / land agent setting out the anticipated land value following completion of the development using data from our annual monitoring report and market appraisal

We hope then that we will have appropriate figures to be able to apply the formula at R.34.

Still hoping the assumption of liability notice will turn up before this though!