Decision details

To seek authority from the Deputy Leader and Portfolio Holder for Resources and Reputation for the Service Manager - Development Services, with the cooperation of the Director of Organisational Development and Democratic Services, to apply surcharges to the outstanding liability in accordance with Regulation 80, 83, 85 and 87 contained in Part 9 of the 2010 Community Infrastructure Regulations (as amended) (“the Regulations”), in respect of a chargeable development at 44 Chartwell Grove, Mapperley.

THAT:
authority is given for the Service Manager – Development Services, with the cooperation of the Director of Organisational Development and Democratic Services to apply surcharges to the outstanding liability in accordance with Regulation 80, 83, 85 and 87 contained in Part 9 of the 2010 Community Infrastructure Regulations (as amended) (“the Regulations”), in respect of a chargeable development at 44 Chartwell Grove, Mapperley.

To ensure that the Council recovers any increase of costs and use of resources to administer the Community Infrastructure Levy in Gedling.

The only alternative option is to not apply the surcharges or late payment interest for non-compliance with the CIL Regulations at 44 Chartwell Grove, Mapperley.
Regulation 80, 83, 85 and 87 of the CIL Regulation 2010 allows for imposition of surcharges for non-compliance with the CIL regulations. These surcharges are applied to cover the extra administration burden of the collecting authority for determining who is the appropriate liable party for the payment of the CIL charge, for carrying out site visits to determine when a commencement has been made on site and for the recovery of outstanding liabilities.
Not using available enforcement powers to apply surcharges to CIL liable development could see an increase of costs and use of resources to administer the Community Infrastructure Levy in Gedling.