Council’s CIL Notice Served Over Two Years Late Is Quashed by High Court


Council’s CIL Notice Served Over Two Years Late Is Quashed by High Court

08 June 2021

The Community Infrastructure Levy (CIL) is a charge which can be levied by local authorities on new development in their area. It is an important tool for local authorities to use to help them deliver the infrastructure needed to support development in their area.

The High Court has recently ruled that a late and mis-addressed CIL charge to a Hertfordshire resident amounted to a violation of her human rights. The court heard that Alison Trent was granted planning consent in 2017 by Hertsmere Borough Council to demolish a next-door house and replace it with a home for her disabled mother-in-law.

The community infrastructure levy (CIL) liability notice (LN) which was served 2.5 years after planning permission was granted was held to have breached the requirement in regulation 65(1) of the CIL Regulations 2010 (SI 2010/948) to issue an LN "as soon as practicable" after the grant of planning permission.

The liability notice issued in 2019 (2019 LN) and the demand notice issued in 2020 (2020 DN) were both quashed.

As the 2019 LN and 2020 DN were invalid, the court held there would be a breach of Article 1 of the European Convention on Human Rights (ECHR) Protocol, if the claimant was required to pay CIL. (R (Trent) v Hertsmere Borough Council [2021] EWHC 907 (Admin) (16 April 2021).)

For more information on property development and commercial property matters, please contact David Redgate or a member of the Commercial Property team.

Girlings has offices in Ashford, Canterbury and Herne Bay.

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