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Community Infrastructure Levy: “ASAP” was not valid commencement date (Planning Inspectorate)

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.

Source: PINS: Appeal decision: APP/U5360/L/19/1200349 (20 April 2020)

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.