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Planning appeal decision

Dismissed28 March 20243336319

117 Elmer Road, Bognor Regis, PO22 6LH

Planning appeal 3336319 at 117 Elmer Road, Bognor Regis, PO22 6LH (Arun District Council) was dismissed on 28 March 2024 by Inspector Unwin N, by written representations. The main issue, as the Inspector framed it: Whether the Collecting Authority correctly determined the deemed commencement date under Regulation 118.

Retrospective planning permission for development already carried out

Authority
Arun District Council
Appeal type
other · Community Infrastructure Levy Appeal
Procedure
Written Representations
Development
other · Not Applicable
Inspector
Unwin N
Postcode
PO22 6LH

Main issues, as the Inspector framed them

  • Whether the Collecting Authority correctly determined the deemed commencement date under Regulation 118
  • Whether the appellant can appeal the surcharges imposed under Regulation 117(a) for failure to assume liability and submit a commencement notice

What decided it

The retrospective nature of the permission meant the development had already commenced before permission was granted, making it impossible for the appellant to comply with the requirement to submit a commencement notice in advance, and the surcharges were a direct consequence of the appellant's own actions.

The decision letter

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More decisions in Arun District Council

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

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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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