Legal News

Court upholds huge penalty for invalid CIL commencement notice (Shropshire Council v SCLG)

Published on: 21 January 2019

Table of contents

  • What are the practical implications of this case?
  • What is the legal background to the case?
  • What is the factual background to the case?
  • What did the court find?
  • Case details

Article summary

Planning analysis: The court has upheld a surcharge issued by a collecting authority against a self-builder in respect of community infrastructure levy (CIL) liability, for commencing development without a commencement notice having been submitted. The decision reminds developers of the importance of adhering strictly to the procedural requirements of the Community Infrastructure Levy Regulations 2010, SI 2010/948 (the CIL Regulations), even if the collecting authority is for all intents and purposes aware of the date on which works commenced.

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