Planning application mistake has cost me almost £25k please can you sign my petition.

mariejader

Bigphil1474 said:

Signed. I work for a council, and in our Department we'd always sort out any accidental charges due to admin errors. 

Thank you for posting this comment.  

Section62

mariejader said:

Basically we missed out a form with our planning application regarding CIL a few years ago regarding an exemption (the box was ticked saying we wished to apply but somehow the form was never received but the council, and I had no knowledge it was missing). We were the first application through the CIL system, at the time hardly anyone knew about it and it was difficult to find information.

We had no idea the form was missing, we were not advised at any stage throughout the process it was missing, it was a simple error that could have been rectified, had we known or been advised!  It wasn’t until we started the works we got  hit with a £20K bill which grew rather quickly with interest to just short of £25k. 

Did you use an architect or agent to make the planning application on your behalf?

Did the council write/email to you or the architect/agent to tell you/them what the likely CIL contribution would be (if the exemption was not applied for)?

If so, was that before or after planning consent was given?

mariejader

Section62 said:

mariejader said:

Basically we missed out a form with our planning application regarding CIL a few years ago regarding an exemption (the box was ticked saying we wished to apply but somehow the form was never received but the council, and I had no knowledge it was missing). We were the first application through the CIL system, at the time hardly anyone knew about it and it was difficult to find information.

We had no idea the form was missing, we were not advised at any stage throughout the process it was missing, it was a simple error that could have been rectified, had we known or been advised!  It wasn’t until we started the works we got  hit with a £20K bill which grew rather quickly with interest to just short of £25k. 

Did you use an architect or agent to make the planning application on your behalf?

Did the council write/email to you or the architect/agent to tell you/them what the likely CIL contribution would be (if the exemption was not applied for)?

If so, was that before or after planning consent was given?

Did you use an architect or agent to make the planning application on your behalf? Yes, later found out he had no insurance!

Did the council write/email to you or the architect/agent to tell you/them what the likely CIL contribution would be (if the exemption was not applied for)? We did not know the exemption form had not been received, the box was ticked advising we wished to apply

If so, was that before or after planning consent was given? demand notice received once footings were dug, this was the first we knew there was a problem.

Section62

mariejader said:

Did you use an architect or agent to make the planning application on your behalf? Yes, later found out he had no insurance!

You would normally expect a professional to guide their client on what is expected of them.  For example explaining the brand new CIL process and the necessity of submitting an exemption application.  In many respects this is the same as advising a client they need to apply for building regs, or make an application to discharge a planning condition, before commencing the build.  Did anything like that happen in your case? (only say if you feel comfortable doing so)

mariejader said:

Did the council write/email to you or the architect/agent to tell you/them what the likely CIL contribution would be (if the exemption was not applied for)? We did not know the exemption form had not been received, the box was ticked advising we wished to apply

That answers a different question though.  A key issue is whether you or the architect/agent were told what the likely CIL contribution would be, and when that happened.

But you say the exemption form hadn't been received, but was one actually sent?  And if so, when? (relative to the start of works).  Was the submission electronic, or by paper?

mariejader said:

If so, was that before or after planning consent was given? demand notice received once footings were dug, this was the first we knew there was a problem.

Was the agent/architect still working on the project at this point?

mariejader

Just wanted to give you all an update and a thank you to all who signed my petition it's taken 9 years but I've WON!  Full statement from West Berkshire Council link below.  

Good luck to everyone fighting CIL issues, what this proves is that it CAN be reversed!.  

The Youtube link is a statement that was read out at West Berkshire Council's executive meeting explains how badly I was treated.  Justice has been done after 9 years!   Thank you all for signing this petition.

If you are having CIL issues I urge you to contact your Councils and claim your money back!  As you can see it is possible to get a refund!

Statement from WBC Leader Jeff Brooks.

https://www.westberks.gov.uk/article/43172/Discretionary-payments-agreed-for-homeowners-who-made-mistakes-in-CIL-applications

Confirmation that payments have been agreed.

https://www.westberks.gov.uk/article/43172/Discretionary-payments-agreed-for-homeowners-who-made-mistakes-in-CIL-applications

Doozergirl

Congratulations.  What a long hard slog for you though.  

Thanks for coming back to update.