Appeal against CIL surcharge for failure to submit commencement notice dismissed

Article summary

The Planning Inspectorate has dismissed an appeal against a surcharge imposed under the community infrastructure levy (CIL) regime for a failure to submit a commencement notice. Development of a one-bedroom extension had been built without planning permission. The appellant argued that no commencement notice was required when works commenced on the building. The appointed person disagreed, noting that because the development took place without planning permission, it was not possible for a commencement notice to be submitted in advance of development commencing, making a surcharge inevitable. The appeal was dismissed.