The Coach House Barton Road, WINSCOMBE, BS25 1DP

Authority: North Somerset Council
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 Collecting Authority issued a Demand Notice with an incorrectly determined deemed commencement date under CIL Regs 118
Whether the surcharges imposed under CIL Regs 82 and 83 were properly levied under CIL Regs 117(a)

What decided it

The operation of CIL Regulations 7(5) means that for retrospective permissions under s73A, development is treated as commencing on the day permission is granted, making it impossible to comply with the requirement to submit a commencement notice beforehand, and the Collecting Authority correctly applied this in determining the deemed commencement date and imposing surcharges.

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