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Dismissed31 August 20233319103

Derelict Barn, At Ngr 287085 79775, Exeter Road, Chudleigh, Devon, TQ13 0GL

Planning appeal 3319103 at Derelict Barn, At Ngr 287085 79775, Exeter Road, Chudleigh, Devon, TQ13 0GL (Teignbridge District Council) was dismissed on 31 August 2023 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: Whether the claimed breach of failure to assume liability occurred.

Authority
Teignbridge District Council
Appeal type
other · Community Infrastructure Levy Appeal
Procedure
Written Representations
Development
other · Not Applicable
Inspector
McEntee K

Main issues, as the Inspector framed them

  • Whether the claimed breach of failure to assume liability occurred
  • Whether the Collecting Authority failed to serve a Liability Notice
  • Whether the Collecting Authority issued a Demand Notice with an incorrectly determined deemed commencement date

What decided it

The appellant automatically became liable for CIL surcharges as the person who took possession of the land after works commenced without prior Assumption of Liability or Commencement Notices, as the Liability Notice had been properly registered as a local land charge binding the property.

The decision letter

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More decisions in Teignbridge

The authority’s record since 2016 · every decision in 2023

  1. Allowed13 January 20263363601
    Land North Of Haldon Race Course Ngr 290438 83916 , Kennford , Devon, EX6 7XA
  2. Notice upheld2 September 20253348959
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  3. Notice upheld1 May 20253344821
    Hathorn House, 6A Forde Park, Newton Abbot, TQ12 1DF
  4. Dismissed10 September 20243337671
    Charlecombe Farm, Combeinteignhead, Newton Abbot, TQ12 4RE
  5. Dismissed27 August 20243334075
    Chapel Cottage, Whitestone, Exeter, EX4 2JJ

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.