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Dismissed21 November 20243350965

The Coach House Barton Road, Winscombe, BS25 1DP

Planning appeal 3350965 at The Coach House Barton Road, Winscombe, BS25 1DP (North Somerset Council) was dismissed on 21 November 2024 by Inspector Ghafoor A, by written representations. The main issue, as the Inspector framed it: Whether the Collecting Authority issued a Demand Notice with an incorrectly determined deemed commencement date under CIL Regs 118.

Conversion of existing farm buildings to live/work dwelling (retrospective permission for residential use)

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.

The decision letter

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More decisions in North Somerset 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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