Assumption of Liability form - Public forum - Planning Advisory Service (PAS)
Assumption of Liability form
Rebecca Martin, modified 6 Years ago.
Assumption of Liability form
Enthusiast Posts: 77 Join Date: 06/09/13 Recent PostsIm looking for a bit of best practise please.
If you do not have the assumption of liability form for CIL liable cases will you hold up a decision on the planning until you have it? Bearing in mind what if this takes you over the 8 weeks?
Thanks
Most Councils require the CIL Additional Information Form to be submitted as part of the planning application by having it listed as a local validation requirement. Whilst you can request other CIL forms, there is no requirement for someone to provide them at the planning application stage. The CIL regs require (most) CIL forms to be received before commencement of the development - including the Assumption of Liability - and specify the penalties that apply in their absence. Therefore, you really just need to ensure you receive CIL forms prior to commencement.
Cettina Robinson, modified 6 Years ago.
RE: Assumption of Liability form
New Member Posts: 12 Join Date: 15/08/16 Recent PostsA Liability Notice does not need to be issued with a Decision Notice only 'as soon as practicable after the day on which a planning permission first permits development' reg 65.
Reg 65 continued....
(3) The collecting authority must serve the liability notice on—
(a) the relevant person;
(b) if a person has assumed liability to pay CIL in respect of the chargeable development, that person; and
(c) each person known to the authority as an owner of the relevant land.
Has the applicant/agent completed Certificate A of the application form?
In most cases the applicant is the current owner of the site however this cannot be assumed therefore in the first instance write to them asking for the AofL, if that fails you can send a 'Default' Liability Notice to the applicant, a Default LN is basically a LN with the words FOR INFORMATION ONLY printed across the top, worth adding a paragraph to say an AofL is required and as mentioned by Helen Hatch state the penalties/surcharges. This should be enough to prompt the applicant to respond accordingly or if he is not the owner to contact the owner to assume liability.
Of course you could carry out a Land Registry search (£3 per Title Deed) if all the above fails.