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Community Infrastructure Levy – Two Recent Appeals
The Planning Inspectorate has published two appeals recently that again highlight the need for developers to submit their assumption of liability notices or commencement notices in good time or face surcharges.
In the first appeal, the developer had carried out demolition works without first submitting a commencement notice. He argued that he had not commenced works on the proposed chargeable development. However, the description of the development on the planning permission referred to demolition and regulation 7(2) of the CIL Regulations 2010 (SI 2010/948) explains that development is to be treated as commencing on the earliest date on which any material operation begins to be carried out on the relevant land. The demolition works would have triggered payment of CIL. The developer’s appeal was dismissed.
In the second appeal, the developer argued that he had not assumed liability or submitted a commencement notice because he had received poor and confusing information in telephone conversations with the council. However, the inspector advised that in the absence of any documentary evidence it was not possible to conclude that the developer had been given confusing or incorrect information. The appeal demonstrates the importance of asking the council to provide its advice on CIL in writing to avoid any misunderstandings.
Copies of recent appeal decisions can be found on the Planning Inspectorate website here.
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