Issue of a CIL stop notice is not subject to limitation periods in Limitation Act 1980 (Jones v...
Planning analysis: The Planning Court held that the six-year limitation period for an action to be brought to recover any sum recoverable by virtue of an enactment contained in section 9(1) of the Limitation Act 1980 does not apply to the issue by a collecting authority of a CIL stop notice under regulation 90 of the Community Infrastructure Levy Regulations 2010 (‘the CIL Regulations’). The issuing of a CIL stop notice is an administrative action carried out by an authority in the exercise of its statutory powers, but is not an ‘action’ within the meaning of the Limitation Act 1980, which word was interpreted as bearing its ordinary legal meaning in the context of that legislation, namely a form of legal proceedings in a court of law. Consequently, although the authority was out of time to apply to the magistrates’ court for a liability order to enforce unpaid CIL, which was time barred under the CIL Regulations after six years from when the amount became due, the authority could still take enforcement action by way of issuing a stop notice in circumstances where the development to which the CIL related had not been completed. Written by Ruth Stockley KC, barrister at Kings Chambers.
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