Discretionary Waiver / Non-Collection of CIL in Self-Build Cases
Received: 8 December 2025
I am writing to request information regarding the London Borough of Barnet's approach to the administration and enforcement of the Community Infrastructure Levy (CIL), specifically in relation to self-build exemptions where errors may have occurred.Please provide the following information:Discretion Not to Pursue CILHas the London Borough of Barnet ever exercised any discretion'formal or informal'not to pursue, enforce, or collect CIL liability in circumstances involving a self-build exemption where:a. the landowner made an error in the submission or timing of the required forms; b. the Council made an administrative error in the processing, acknowledgment, or recording of the required forms; or c. any combination of landowner and Council error was identified?Instances of Withdrawal or Non-Enforcement Please identify any cases in which Barnet Council has:a. withdrawn a CIL Liability Notice or Demand Notice specifically due to error (by the landowner or the Council); b. refrained from enforcing a CIL charge in circumstances where a self-build exemption was intended but not successfully processed; c. retrospectively applied a self-build exemption or otherwise mitigated the charge due to administrative or procedural mistakes.Policies or Internal GuidancePlease provide any internal policies, guidance, procedures, or instructions (whether written or practised) relating to:a. how the Council deals with errors made by applicants in the self-build exemption process; b. how officers handle administrative or processing errors by the Council itself; c. any discretion (if any exists) available to officers concerning the pursuit or enforcement of CIL in exceptional or error-related circumstances.Statistical InformationOver the past 10 years, please confirm:a. the number of cases where the Council has waived, cancelled, or otherwise declined to collect CIL arising from a self-build application; b. the number of cases where a self-build exemption was applied retrospectively after initial refusal; c. in how many cases the Council acknowledged that an administrative error had occurred in its processing of CIL documents.Decision-Maker DetailsFor any instances identified in responses to Questions 1-4, please clarify:a. the decision-making officer or department; b. the basis or rationale for the decision; c. whether legal advice was taken, and if so, whether it was internal or external.
Outcome / Documents
- Response (exempt and exceeds appropriate limit) - application/pdf - Download