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Dismissed23 October 20243347198

Willowhayne Barnett Lane, Wonersh, Guildford, GU5 0RU

Planning appeal 3347198 at Willowhayne Barnett Lane, Wonersh, Guildford, GU5 0RU (Waverley Borough Council) was dismissed on 23 October 2024 by Inspector McEntee K, by written representations. The main issue, as the Inspector framed it: 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.

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.

The decision letter

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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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