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Where a local authority has adopted CIL, a developer who has assumed liability to pay the CIL charges must pay CIL prior to commencement of the development otherwise a penalty for late payment may be due.In a recent appeal to the Planning Inspectorate a developer who had failed to submit a Commencement Notice to the local authority argued that works of demolition to clear the site ready for development should not be considered as commencing the development requiring prior payment of CIL.
Many people will remember the house painted in garish red and white stripes in a conservation area in the Royal Borough of Kensington and Chelsea which caused consternation in the local planning authority offices (not to mention the neighbourhood).
In an appeal decision against a refusal by Waverley Borough Council a planning Inspector has refused permission for the development of land within the Green Belt despite the Council being unable to demonstrate a 5 year housing land supply.