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Dismissed26 October 20233329432

Talbot Arms, Lyme Road, Uplyme, Lyme Regis, DT7 3TF

Planning appeal 3329432 at Talbot Arms, Lyme Road, Uplyme, Lyme Regis, DT7 3TF (East Devon District Council) was dismissed on 26 October 2023 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of failing to assume liability and submit a Commencement Notice before starting works occurred.

Authority
East Devon 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 alleged breach of failing to assume liability and submit a Commencement Notice before starting works occurred
  • Whether the surcharges have been calculated incorrectly
  • Whether the Collecting Authority has issued a Demand Notice with an incorrectly determined deemed commencement date

What decided it

The appellants failed to submit a valid Commencement Notice before commencing development and did not assume liability, and the digging of foundation trenches on 8 August 2023 constituted a material operation triggering CIL liability.

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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