Agenda item

Purpose: the Council commissioned a review into the CIL Customer Journey which was undertaken by the Planning Officers Society (POS) and this identified a number of opportunities to improve the CIL process in West Berkshire.  There are a number of priority recommendations included in the POS report and this report proposes the adoption of a CIL Enforcement Policy - Householder Applications, which will be applied with immediate effect.

It also proposes a process by which the Council will undertake a discretionary review of CIL payments for Housholder applications previously made against the new CIL Enforcement Policy - Householder Applications. 

Resolved that: Executive

·       Adopt the CIL Enforcement Policy – Householder Applications (Appendix 2) which will apply with immediate effect to future householder cases and any current householder cases awaiting a decision on exemption.

·       Approve the Discretionary CIL Householder Review Scheme at Appendix 3.

·       Delegate to the Executive Director – Place, in consultation with the Leader or Deputy Leader delegated authority to consider requests received between 1^st June 2024 and the 31^st May 2025, that the Council undertake a discretionary review of CIL liabilities that have previously been paid by householders.  Where appropriate having regard to the CIL Enforcement Policy – Householder Applications, the Executive Director, Place may agree to cancel CIL Liability Notices and refund CIL payments made.

·       Delegate to a Member Panel comprised of three Members of the Administration (including at least two Members of the Executive), to determine In-Person Reviews of a discretionary review of CIL Liabilities, where a householder is not satisfied with the outcome of the initial discretionary CIL review.  Where appropriate having regard to the CIL Enforcement Policy – Householder Applications, the Member Panel may agree to cancel CIL Liability Notices and refund CIL payments made.

This decision is eligible to be ‘called-in’.  However, if the decision has not been ‘called-in’ by 5.00pm on 31 May 2024, then it will be implemented.

Councillor Jeff Brooks introduced and proposed a report (Agenda Item 8) and noted that if the paper was approved there would be an online facility by 1 June 2024 for householders to apply for a discretionary review of an existing CIL liability.

Councillor Ross Mackinnon referred to Appendix 3 of the report and reference to reimbursement in the case of a ‘genuine error’. Councillor Mackinnon queried how the panel would decide such a subjective test. Councillor Brooks disagreed that it was subjective and noted that where forms, if completed correctly, would have produced a zero assessment, then a refund would be appropriate.

Councillor Brooks further commented that the Council was using its discretionary powers to correct a perceived wrong.

Councillor Richard Somner referenced the POS Enterprises report and observed that it was not a failure of the service, but an interpretation as to how officers had administered the legislation.

Councillor Somner commented that as CIL was a function of Planning, and constitutionally Planning was a function of Council he was surprised that the decision was being made by the Executive rather than Council. Councillor Brooks responded that he had taken advice throughout the process and was comfortable that Executive was the correct body to review the decision.

Councillor Somner queried whether the Council would address any commercial residential development or non-residential development and whether the Council would be seeking to claw money back from town and parish councils. Councillor Brooks responded that the proposals related to householders only and that there would be no clawback from town or parish councils, as detailed within the paper.

Councillor David Marsh expressed his support for the proposals and quoted an email from one of his ward residents who had been impacted by a contested CIL liability which stated that ‘it restored their faith in West Berkshire Council’.

Councillor Denise Gaines seconded the recommendations within the report.  

RESOLVED that: Executive

·       Adopt the CIL Enforcement Policy – Householder Applications (Appendix 2) which will apply with immediate effect to future householder cases and any current householder cases awaiting a decision on exemption.

·       Approve the Discretionary CIL Householder Review Scheme at Appendix 3.

·       Delegate to the Executive Director – Place, in consultation with the Leader or Deputy Leader delegated authority to consider requests received between 1^st June 2024 and the 31^st May 2025, that the Council undertake a discretionary review of CIL liabilities that have previously been paid by householders.  Where appropriate having regard to the CIL Enforcement Policy – Householder Applications, the Executive Director, Place may agree to cancel CIL Liability Notices and refund CIL payments made.

·       Delegate to a Member Panel comprised of three Members of the Administration (including at least two Members of the Executive), to determine In-Person Reviews of a discretionary review of CIL Liabilities, where a householder is not satisfied with the outcome of the initial discretionary CIL review.  Where appropriate having regard to the CIL Enforcement Policy – Householder Applications, the Member Panel may agree to cancel CIL Liability Notices and refund CIL payments made.