Planning appeal decision
Blackthorn Fishery, Ty Canol, Trefonen, Oswestry, SY10 9EB
Planning appeal 3306159 at Blackthorn Fishery, Ty Canol, Trefonen, Oswestry, SY10 9EB (Shropshire County Council) was dismissed on 11 October 2024 by Inspector Wilson S, by written representations. The main issue, as the Inspector framed it: Whether the Council correctly determined the date of commencement of the chargeable development under Section 117(1)(a)(b) TCPA 1990.
- Authority
- Shropshire County Council
- Appeal type
- other · Community Infrastructure Levy Appeal
- Procedure
- Written Representations
- Development
- other · Not Applicable
- Inspector
- Wilson S
Main issues, as the Inspector framed them
- Whether the Council correctly determined the date of commencement of the chargeable development under Section 117(1)(a)(b) TCPA 1990
- Whether Late Payment Interest charges imposed by the charging authority are subject to appeal under Section 117(1)(a) CIL 2010
What decided it
Late Payment Interest charges are not surcharges under CIL 2010 and therefore fall outside the scope of Section 117(1)(a) appeal grounds, leaving no mechanism for appeal against such charges.
The decision letter
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.
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