Contact one of our advisors now Call 0800 088 6004

WE ARE OPEN FOR BUSINESS and following Government advice. Most work can be done remotely - no need to visit an office. VISITORS BY APPOINTMENT ONLY PLEASE. COVID19 risk assessment - CLICK HERE

Spam, spam, spam, spam…Always check your junk mail!

Reasons to choose Wilson Browne

If ever there was a reason to keep an eye on your junk mailbox (“spam”…so-called, from an old Monty Python sketch) a recent PINS decision reiterated just that when a Liability Notice which ended up in junk email box was deemed to be validly served.

Planning permission was granted on 16 January 2019 and a Liability Notice (LN) was served by the collecting authority (CA) on the same day.

The alleged breach was the failure to assume liability and to submit a commencement notice before commencing works on the chargeable development.

The applicant appealed, contending that the CA had failed to serve an LN in respect of the development to which the surcharge related.

The CA stated that the LN was sent to both the appellant and the appellant’s agent by email on 16 January 2019, in accordance with regulation 126(1)(e) of the CIL Regulations 2010 (SI 2010/948). The appellant’s agent confirmed that the email was later found in the junk email box.

The inspector considered that while it is unfortunate that the relevant email ended up in the agent’s junk email box, he was satisfied that the CA had correctly served the LN by sending it to the email address provided. The appeal under this ground therefore failed.

Read the full decision here – https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/889986/1200365_CIL_Redacted.pdf

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.