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Community Infrastructure Levy (CIL) - demand for £23,187.50


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Has anyone had any dealing with Community Infrastructure Levy (CIL)??

 

We have received a demand for a Community Infrastructure Levy for the sum of £23187.50 which has come as a great shock to us.

 

We were not aware of any new procedure in dealing with this CIL charge and it is a genuine oversight on our part that we did not complete the necessary forms or notify you of the commencement date of the build. We are not builders or property developers and due to this we had employed an agent to act on our behalf with matters relating to our planning application and build. It is not until now that we we aware of this new procedure and I would like to add it still seems to be very complicated.

 

Our planning application was submitted by our agent with the required forms notifying the Council that we were building the extension for our own use and do not intend moving within the foreseeable future, he did advised us that there would be a CIL charge but we would be exempt, at this stage we had no reason as to question him as he is the expert!

 

Once planning was approved we received a letter advising of a CIL charge which was approximately £20000.00 we called our agent and advised him of this and said that if we had to pay this sum of money we would not be starting the extension, his response was that we were exempt as it was for our own use but we did have to live in the property for three years once completed.

 

I advised our agent in January this year (2016) that we were intending to commence work early March and requested that he submit the necessary paperwork the council, he advised that he was just finishing it and would send it in the following day. We received a Invoice for £518.00 from the council which we duly paid, our work started quite a bit later that we had intended due to being let down by builders and weather conditions.

 

Our footing was poured on the 7th of June 2016 and so far we have had two inspections of the work from the Council. To us the lay person this is what was necessary and we were not aware that we were doing anything wrong in this procedure.

 

The works are still being carried and we are a long way from being finished. Currently the extension being constructed is not in a position to be occupied and indeed part of the existing property is not suitable for occupation either, and we currently have no heating not a good position to be in with the weather due to change at any time!.

 

We were lead to believe that as this extension is for our own use we would be granted an exemption to payment of this CIL. The situation has not changed and the payment of over £20,000 to the Council does not appear to comply with the spirit of the Governments intention in setting up the Community Infrastructure Levy.

 

We were lead to believe that the rules specifically allow house extensions for the owners own use to be exempt from CIL and our situation has not changed since our planning application was submitted. We understand now from our conversation that this is also not a given fact.

 

We are going to be seeking some legal advice on this matter in the next few days, and will also make an attempt to complete the complicated appeal form relating to the CIL charge now that I know where to find them, as the demand that we received relating to this matter and the instructions on how to appeal are not clear, in fact my original appeal letter was sent to the wrong place as the instructions advising how to appeal advised appealing via the portal!! (it never said which portal or provided a link on how to get there)

 

We do have a paper trail of correspondance between ourselves and our agent which will confirm what we have mentioned above.

 

 

Please can anyone give me some guidance on this matter, I am guessing I will need to make a claim for negligence against the agent? the authority have offered a payment plan which is currently 50% of the demand and the final 50% being paid 60 days later but they said that they could possibly spread this over 12 months this equates to over £1600 per month I cannot possibly paid that amount I work part time 24 hours a week in retail and my husbands wages are all accounted for in our daily cost of living.

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

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See a Solicitors urgently, as they will need to see all the documents you have. Too complicated for any online advice !

We could do with some help from you.

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See a Solicitors urgently, as they will need to see all the documents you have. Too complicated for any online advice !

 

No experience of this so can only support unclebulgaria's advice to consult solicitor asap.

 

I guess you are familiar with the planning portal guidance, but in case not it's here:

 

http://planningguidance.communities.gov.uk/blog/guidance/community-infrastructure-levy/relief/self-build-exemption/#paragraph_149

 

I have no knowledge of CIL other than what's on this link but it looks like submitting the claim for exemption before you start work is an essential requirement. If that's the case, and if your agent failed to submit the forms on time, you might have a claim against the agent to recover any CIL you have to pay to your council. Legal advice is essential. Solicitor will need to see all documentation relating to your contract with your agent as well as documents about the construction and the council correspondence.

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  • 10 months later...

Does anyone have any knowledge on this please, just about to go to a stage three appeal and could really do with some help as I am sinking...

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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Yes I did but have put him on hold while I try and appeal the decision with the local authority

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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Yes I did but have put him on hold while I try and appeal the decision with the local authority

 

So what research have you done about this issue, as you are unlikely to be in a unique position.

 

Your local MP might have access to information on this issue or can ask the government department that deals with it, to provide information. In any appeal you want to point to official information which suggests the council have made an error.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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This sounds too complicated & too close to end stage, I'd get a good knowledgeable solicitor to view your paperwork as a matter of urgency.

 

Stephen Wingus might have some ideas. Search his name on members list.

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So what research have you done about this issue, as you are unlikely to be in a unique position.

 

Your local MP might have access to information on this issue or can ask the government department that deals with it, to provide information. In any appeal you want to point to official information which suggests the council have made an error.

 

We have found two cases where they have not validated the planning permission because the same forms were not submitted, we have ask why we did not receive the same duty of care but have not really had an answer to this question, it is well documented that there are problems within this area of CIL. I just don't understand how our application has been treated so differently.

 

How am I to know that a form has not been received if I am not told?

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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Seems to me that you just need to present the information that you have in your stage 3 appeal and ensure you comply with any timescales required within any rules that apply to such appeals.

 

If a Solicitors had useful information to help you and it was worth you incurring their fees, you would think they would be helping you. Solicitors can usually access information about these issues. Someone i know who no longer practices in the UK, dealt with allsorts of issues including planning and would have been able to get hold of all the legislation, government guidance notes to local authorities etc. It just requires a legal mind to forensically examine documents and spot where a local authority has made an error, that is significant enough.

 

Have you ever asked your local MP to obtain all relevant information about CIL that you might not have ? MP's have access to the Houses of Parliament library where they can obtain anything about any subject e.g government documents, select commitee reports. The MP can also approach the department for local government for general information on CIL. It might help you if you register the problem with your MP, just in case you want their help later on e.g referral to Local Government Ombudsman if this is relevant.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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  • 5 weeks later...

Thank you all for your reply's, we are now awaiting an answer from the Ombudsman which hopefully should be any day now.

 

Yesterday I received a call from the Council advising that they would be visiting my property today and issuing a stop notice.

 

Today I come home from work to find said "stop notice warning" attached to a piece of wood hammered into my front garden next to the path with all our details on and the fact that we are in debt to the council for the amount above.

 

Two copies were also put through my letter box, an email was also sent which advised the time the notice was served where it was placed and it also stated that they identified themselves to my neighbour and they quoted his house number!!!

 

So I am now livid as all my neighbours will now know my business plus any passers by, surely this breaches my data protection?

 

Please can anyone advise if I need to leave this notice out as it's unclear if it needs to be on full display to the world and it wife, I am worried if I remove it we will incur more fines?

Edited by mariejader
additional information

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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  • 8 months later...

We have just found ourselves in a similar situation and would like to know the outcome of your issue. We are just about to fill in an appeal. Complete nightmare.

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We have just found ourselves in a similar situation and would like to know the outcome of your issue. We are just about to fill in an appeal. Complete nightmare.

 

Better to start your own new thread jp.......mariejader .....Last Activity 8th September 2017 19:36.

 

 

Andy

We could do with some help from you.

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We have just found ourselves in a similar situation and would like to know the outcome of your issue. We are just about to fill in an appeal. Complete nightmare.

 

Unfortunately we lost our appeal and had to pay just short of £25,000.00 by the time they added interest.

 

I had evidence against our local authority showing that they were not be consistent on who they were informing about the CIL charge, had copies of letters etc and we still lost.

 

My advice would be start making some payments otherwise the interest will get out of hand, our case originally with £20k with interest it was just short of £25k.

 

Good luck and please let me know how you get on, as I am hoping one day someone will find that there is some way of reclaiming.

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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Better to start your own new thread jp.......mariejader .....Last Activity 8th September 2017 19:36.

 

 

Andy

 

 

I'm still around

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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Share on other sites

Many thanks for the update..mariejader ...not many do :-)

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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I'm still around

 

Sorry to hear that. Am seeing a solicitor next week.

 

Had permitted development for change of use from shop to dwelling granted pre cil.

 

Asked infrastructure dept. Whether it was applicable still. Said no. Asked for that in writing. Sent me email stating does not apply and that they require no forms.

 

Completed build and last Sept had phone call saying were going to issue demand. They asked me to prove I'd had advice and provide evidence of it. After seeing email did not send demand and said would investigate and not make a decision until they had shared findings with me.

 

6 months later, shared findings and issued demand within 12 mins! 5 figure bill.

 

I don't necessarily dispute that it is CIL liable, but that they have wrongly informed me of the process.

 

I think my only form of redress is maladministration, but doesn't look good.

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  • 2 months later...
We have just found ourselves in a similar situation and would like to know the outcome of your issue. We are just about to fill in an appeal. Complete nightmare.

 

How are you getting on?

Nat West Settled 2 acct's before action:

 

£2194.77 settled £1904.00 08/01/2007 less interest

£650.93 Settled overpaid GOGW £850.00 02/01/2007

 

Applied Abbey statements -40 day up 24/04/06(arrived 30/06/06)

Prem 04/01/2007 - reply rcvd 22nd Jan advising not paying

LBA 22/01/07

 

14/02/07 N1 filed @ local court

21/02/07 issued claim

23/02/07 deemed served

25/02/07 Abbey acknowledgement defend in full.

19/03/07 defence + 50% GOGW

13/04/07 AQ final day for submission

30/04/07 DEFENCE STRUCK OUT "ABUSE OF PROCESS"

01/05/07 Judgement order

8/05/07 Warrant of Execution requested

 

 

Media coverage :D

 

http://news.bbc.co.uk/1/hi/business/6701231.stm

 

http://www.newburytoday.co.uk/News/Article.aspx?articleID=4505

 

 

If you find my post helpfull then please click my scales:)

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