Decision details

Community Infrastructure Levy Enforcement - Oakdene, Calverton

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

Purpose:

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.

Decision:

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.

Reasons for the decision:

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.

Alternative options considered:

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: