New Farm, St. Mawgan, NEWQUAY, TR8 4HH

Authority: Cornwall Council
Appeal type: other · Community Infrastructure Levy Appeal
Procedure: Written Representations
Development: residential · Not Applicable
Inspector: McEntee K

Main issues, as the Inspector framed them

Whether the alleged breach which led to the surcharge (failure to submit a Commencement Notice before starting works) occurred
Whether the Council failed to serve a Liability Notice in respect of the development to which the surcharge relates
Whether the surcharge has been miscalculated
Whether the Council issued a Demand Notice with an incorrectly determined deemed commencement date

What decided it

The appellants pressed ahead with development before obtaining planning permission, making the surcharge unavoidable as a valid Commencement Notice could not be submitted beforehand.

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