Self-builder stung with huge penalty for invalid CIL commencement notice

Self-builder stung with huge penalty for invalid CIL commencement notice

In Shropshire Council v SCLG [2019] EWHC 16 (Admin) (LexisNexis subscription required), the Planning Court upheld a massive community infrastructure levy (CIL) surcharge issued against a developer for beginning work without submitting a commencement notice, despite the issuing authority being aware of the date works were to begin.

The developer, a self-builder named Mr Jones, had applied for and received a self-build CIL exemption for the £36,861.43 obligation associated with a planning permission he’d obtained to build a detached home. Mr Jones emailed the issuing council informing them that clearance works would begin the next day, believing that doing so would comply with the requirement to submit a commencement notice the day before work began. The Council replied acknowledging receipt and stating that their records had been updated to reflect the email. Just over a month later, Mr Jones received a demand for £39,361.43 (the original CIL obligation plus a £2,500 surcharge for ‘invalid commencement’) claiming development had commenced without notice being provided.

The Community Infrastructure Levy Regulations 2010 currently s

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