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Planning appeal decision

Dismissed16 August 20243313170

Hand & Flower House, 617 Kings Road, London, SW6 2ES

Planning appeal 3313170 at Hand & Flower House, 617 Kings Road, London, SW6 2ES (London Borough of Hammersmith and Fulham) was dismissed on 16 August 2024 by Inspector A U Ghafoor, by written representations. The main issue, as the Inspector framed it: Whether the appellant company is liable to pay Community Infrastructure Levy surcharges for failure to assume liability, failure to submit a commencement notice, and late payment, where development commenced before retrospective planning permission was granted.

Appeal type
other · Community Infrastructure Levy Appeal
Procedure
Written Representations
Development
other · Not Applicable
Inspector
A U Ghafoor

Main issues, as the Inspector framed them

  • Whether the appellant company is liable to pay Community Infrastructure Levy surcharges for failure to assume liability, failure to submit a commencement notice, and late payment, where development commenced before retrospective planning permission was granted

What decided it

Development commenced before retrospective planning permission was granted, meaning the appellant company's own actions created the breach of CIL Regulations requirements to assume liability and submit a commencement notice before development commenced, and liability for late payment surcharges arose immediately upon the grant of permission.

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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