INNCORRECT LIABILITY NOTICES - Public forum - Planning Advisory Service (PAS)
INNCORRECT LIABILITY NOTICES
REBECCA STADDON, modified 8 Years ago.
INNCORRECT LIABILITY NOTICES
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsHi everyone,
Can anyone advise on best practice when discovering that an incorrect Liability Notice has been issued.
We issued a Liability Notice when CIL was very new to us and we inadvertently used the wrong Charging Zone. The calculation is therefore much less than it should be.
The development is now proceeding and the liable party has completed and returned the CIL forms and the above error has come to light.
Do we have the ability to issue a revised Liability Notice (which almost doubles the amount of CIL payable) or do we have to stand by the original Notice as this is what they have used to budget??
I can't find anything about human error in the Regulations!!!!!
Thanks in advance
Rebecca
Hi Rebecca, I did exactly the same thing and simpy sent a revised Liability Notice.
I contacted the VO and they said:
An appeal under regulation 114 may be made providing it is ‘made before the end of the period of 60 days beginning with the day on which the liability notice stating the original chargeable amount was issued”.
If an error has been made in a liability notice then I understand that under regulation 65(7) a collecting authority have the option of withdrawing a liability notice. A collecting authority could therefore presumably issue a new notice rather than issuing a revised liability notice if it considered this was appropriate. However, this is not something that I can really advise on.
So withdrawing the LN and sending a new one looks like the best way. This would presumable restart the 60 day appeal period.