Willowhayne Barnett Lane, Wonersh, GUILDFORD, GU5 0RU

Authority: Waverley Borough 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 Collecting Authority issued a Liability Notice as soon as practicable after the planning permission was granted as required by CIL Regulation 65(1), and whether the appellants could reasonably have been expected to know of the need to submit a Commencement Notice before starting works

What decided it

The appellants had received clear CIL information warning them not to commence work until the CIL position was confirmed, and their decision to proceed before clarifying this position was a risky strategy that resulted in the breach occurring as a matter of fact.

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