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Planning appeal decision

Allowed17 January 20243331467

60 The Broadway, Wimbledon, London, SW19 1RG

Planning appeal 3331467 at 60 The Broadway, Wimbledon, London, SW19 1RG (London Borough of Merton) was allowed on 17 January 2024 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: Whether the Council served a valid Liability Notice in respect of the CIL surcharges.

Authority
London Borough of Merton
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 served a valid Liability Notice in respect of the CIL surcharges
  • Whether the alleged breaches (failure to assume liability, failure to submit Commencement Notice, failure to pay CIL on time) occurred

What decided it

The Council failed to provide documentary evidence of service of the Liability Notice, and First Class post does not provide proof of receipt, therefore the Inspector could not be satisfied on the balance of probabilities that valid notice was served.

The decision letter

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More decisions in London Borough of Merton

The authority’s record since 2016 · every decision in 2024

  1. Dismissed23 October 20266006717
    71 Leamington Avenue, Morden, SM4 4DQ
  2. Dismissed21 October 20266008957
    18, West Place, London, SW19 4UH
  3. Notice upheld21 September 20263364443
    31 Glebe Avenue, Mitcham, CR4 3DZ
  4. Allowed7 August 20266007543
    11B Calonne Road, Merton, Wimbledon, SW19 8HH
  5. Dismissed17 July 20266006955
    35 Kingston Road, London, SW19 1JW

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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