60 The Broadway, Wimbledon, LONDON, SW19 1RG

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.

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