Decision

Not to withdraw the CIL Liability Notice

Reasons for the decision

The review has been considered in accordance with the Council’s CIL Discretionary Review process, and I have determined the application as authorised under the Council’s Scheme of Delegations to Officers.

Alternative options considered

Do nothing – do not determine the review application. This option is not recommended, as it would not be in accordance with the Council’s adopted review process. The residents concerned would be highly dissatisfied and it could pose a risk of judicial review on the basis the Council has failed to make a decision.

Do something – determine the review application but with a different outcome than that recommended by the Independent Reviewer. Whilst this would be the preferred if the Director of Planning had found an issue with the rational for the conclusion of the Independent Reviewer this is not the position in this case. The Independent Reviewer has been selected on the basis of the professional expertise in this field. Unless the Council is satisfied it has good reason for departing from their expert advice, it could pose a risk of judicial review on the basis of irrationality.

Determine the application and implement the decision. This option is recommended. This action would be in accordance with the Council’s adopted process and meets the expectation of members and residents that the process will be implemented. Whilst not all applicants will necessarily receive the decision they are hoping for, the process is transparent, fair and lawful.