author
Zoe Tranter
Zoe Tranter, a solicitor who has over twenty years plus industry knowledge and experience, is the founding Director of the Company.
Successful CIL challenge
The High Court (Land J) held in R (Trent) v Hertsmere Borough Council [2021] EWHC 907 (Admin) that a community infrastructure levy (CIL) liability notice (LN) served 2.5 years after planning permission was granted 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 High Court (Lang J) allowed the appeal. 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).).
An interesting development in the arena of challenging payments.