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Allowed18 April 20243336211

Rear of 12 Serbert Road, Forest Gate, London, E7 0NQ

Planning appeal 3336211 at Rear of 12 Serbert Road, Forest Gate, London, E7 0NQ (London Borough of Newham) was allowed on 18 April 2024 by Inspector Ghafoor A, by written representations. The main issue, as the Inspector framed it: Whether the Council correctly determined the deemed commencement date under CIL Regulations 68(1)(a).

Residential development (demolition of existing structures and new construction)

Authority
London Borough of Newham
Appeal type
other · Community Infrastructure Levy Appeal
Procedure
Written Representations
Development
residential · Not Applicable
Inspector
Ghafoor A

Main issues, as the Inspector framed them

  • Whether the Council correctly determined the deemed commencement date under CIL Regulations 68(1)(a)
  • Whether the Council properly served the initial Liability Notice on 8 June 2017
  • Whether surcharges for failure to assume liability, failure to submit a commencement notice, and late payment were correctly imposed and calculated

What decided it

The Council failed to properly serve the initial Liability Notice in June 2017, which was the necessary trigger for the appellant to submit a commencement notice, therefore the surcharges for failure to submit a commencement notice and late payment surcharges must be quashed.

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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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