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Dismissed6 September 20233322436

Longwood Highfield Lane, Nawton, York, YO62 7TU

Planning appeal 3322436 at Longwood Highfield Lane, Nawton, York, YO62 7TU (Ryedale District Council *) was dismissed on 6 September 2023 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: Whether the Council failed to serve a Liability Notice in respect of the development.

Authority
Ryedale 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 Council failed to serve a Liability Notice in respect of the development
  • Whether the Council issued a Demand Notice with an incorrectly determined deemed Commencement Notice
  • Whether a surcharge for failure to submit a Commencement Notice before commencing work was properly imposed

What decided it

The appellant failed to submit a Commencement Notice before commencing work on the chargeable development, and the Inspector has no authority to consider mitigating circumstances in a CIL surcharge appeal.

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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