See notes
I am writing to request information under the Freedom of Information Act 2000 regarding the Community Infrastructure Levy (CIL) which I understand your Council operates. Please can you provide the following information:
1. Does the Council exercise discretion if genuine homeowners developing their own homes for personal use (such as extensions, annex, self-build) have unintentionally submitted a form late (e.g. an exemption form or commencement notice), does the Council not charge the full levy?
The CIL regulations are statutory and the council as charging authority are required to apply the statutory regulations. There is no discretion conferred on the Council as the CIL charging authority to waive CIL liability.
2. If so, please provide:
• Any internal policy, guidance, or precedent the council refers to in such cases.
• Only if possible and easy to ascertain: the number of instances over the past five years where the council has waived or reduced the CIL charge due to late form submission in these cases.
The CIL regulations are statutory and the council as charging authority are required to apply the statutory regulations. There is no discretion conferred on the Council as the CIL charging authority to waive CIL liability.