Issue details

Advice Received that the lead officer may feel that they can take the
decision under that part of Table 5 under Part 3E of the Constitution whereby they can “Take all steps reasonably necessary for the effective and efficient delivery of services for which they are responsible”
Chief Planning Lawyer, by email (31 January 2020)
Advice Received that “The collecting authority are required to issue a liability notice “as soon as practicable after the day on which a planning permission first permits development” under Regulation 65, this is a mandatory duty. In most cases this will be the date of the granting of planningpermission. There is nothing stated in the CIL regime as to the
consequences if an authority fails to comply with this obligation. However, a demand notice requires a valid liability notice to have been served and
without one no valid demand notice can be served. Also, if a liability notice
is not issued in a timely manner in accordance with Regulation 65, then any surcharges imposed may be quashed if this has prejudiced the owner. The issue of the notice is not expressed to be a pre-condition of the CIL liability.
The liability notice does not trigger the liability to pay CIL. The
commencement of the development triggers the liability to pay, however the Courts have been unwilling to enforce CIL liability where authorities have failed or been delayed in issuing liability notices in respect of the chargeable development carried out”.

Locum Senior Planning Lawyer, by email (09 April 2024