Planning deferred s106 until CIL came in

by Readers Question

9:48 AM, 17th August 2013
About 5 years ago

Planning deferred s106 until CIL came in

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Planning deferred s106 until CIL came in

I own a block of flats, in Borough of Brent. In June 2012 I got a planning consent to add one more floor (2 flats) in the block of flats, conditional on signing a legal agreement (Section 106 agreement) . My Solicitors requested the Brent Legal Department, to forward them a draft S106 agreement. After months of repeated requests made by the Solicitors, they received the draft agreement. This was amended immediately and sent back, no response was received. Again after further numerous requests, my Solicitor received a reply stating that after 1 July S106 was no longer applicable, but Community Infrastructure (CIL) would be applicable. As per S106 I was required to pay £12,000 (£3,000 per bedroom). The CIL amount increased to £30,250. Planning deferred s106 until CIL came in

The entire delay is on the part of Brent Legal Department with no fault of mine. What legal right do I have to reverse back the decision made by the Brent Planning Department insistiong me to pay CIL charges of £30,250 instead of S106 charge of £12,000.

Your advice will be appreciated.

S R Vora



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