Reasons to choose Wilson Browne
The alleged breach was the failure to submit a commencement notice (CN) before starting works on the chargeable development.
The appellant stated that a CN had been sent before works started but was unable to provide any proof of postage. The inspector therefore had no option but to conclude that the alleged breach had occurred, and the appeal was dismissed.
However, the inspector did state that even had the council received the CN it would not have been considered valid as the notice did not state an intended commencement date as required by regulation 67(2)(c) of the Community Infrastructure Levy Regulations 2010 (SI 2010/948). “ASAP” did not meet this requirement.