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CIL Payable On Retrospective Planning Permission (Planning Inspectorate)

The alleged breach was the failure to submit a commencement notice (CN).

In this case, the development was granted planning permission retrospectively as it was not built in accordance with the original planning permission. At the time of the original planning permission there was no Community Infrastructure Levy (CIL) schedule in place, therefore the appellant was not required to submit a CN.

However, CIL was in force by the time of the retrospective planning permission. Where planning permission has been granted after commencement, the development may be deemed to be liable when permission is granted. Therefore, the appellant was required to submit a CN before starting works on the chargeable development in accordance with regulation 67(1) of the CIL Regulations 2010. As this did not happen the charging authority was entitled to issue a demand notice.

The inspector stated that this was an unfortunate situation for the appellant, but by not completing the works in accordance with the original permission, it was effectively one of their own making.

Source https://www.gov.uk/guidance/appeal-a-community-infrastructure-levy-enforcement-notice#recent-decisions

Tom Warrender

Posted:

Tom Warrender

Partner

Tom is a Solicitor and Partner with 14 years + experience advising clients in relation to commercial property matters. A Legal 500 recognised lawyer, Tom is a member of SHLA and CRELA, sits on our Board of Management & Heads our Social Housing Team.