Reference: D684
Decision Maker: Portfolio Holder for Corporate Resources and Performance
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
To seek authority from the Deputy Leader and
Portfolio Holder for Resources and Reputation for the Service
Manager - Development Services, in conjunction with the Director of
Organisational Development and Democratic Services, to use the
available enforcement powers contained in Part 9 of the 2010
Community Infrastructure Regulations (as amended) (“the
Regulations”), including proceedings in the courts, to
recover an outstanding CIL liability in respect of a chargeable
development at Oakdene, Calverton.
THAT:
authority is given for the Service Manager – Development
Services, in conjunction with the Director of Organisational
Development and Democratic Services to use the available
enforcement powers contained in Part 9 of the Community
Infrastructure Levy Regulations 2010 (as amended) to enforce an
outstanding CIL liability for a chargeable development at Oakdene,
Calverton.
To ensure that the Council is able to collect
the Community Infrastructure Levy in order to pay for the
infrastructure needed to support development in the Borough.
The only alternative option is to not enforce
the payment of the outstanding liability at Oakdene,
Calverton.
Part 9 (regulation 80-111) of the CIL Regulation 2010 contains
provisions for the enforcement of CIL, by not using these measures,
monies expected to fund key infrastructure projects in the Borough
(i.e. Gedling Access Road, Secondary Education at Gedling Colliery
and Top Wighay and Gedling Country Park Visitor Centre as
identified on the Council’s Charging Schedule) will not be
forthcoming and subsequently lead to funding gaps that may affect
viability and delivery.
Not using available enforcement powers to recover outstanding CIL
liabilities will give the impression that the CIL is an optional
charge in Gedling and may encourage other individuals, developers
or housebuilders not to make CIL payments as required.
Publication date: 21/03/2018
Date of decision: 21/03/2018
Accompanying Documents: