The importance of completing the CIL commencement notice

CIL Regulations 67 make it clear that the consequences for failing to serve a valid commencement notice before work on a development starts is loss of an exemption.

A recent High Court judgment (16 January 2019) overturns an Inspector’s ‘absurd’ decision and backed Ellesmere Council in a dispute over whether a self-builder was entitled to an exemption from CIL charge after failing to serve a valid commencement notice. The self-builder sent an email to the Council informing them of clearance work, however, Judge Ockelton found that this “email was incapable of being a commencement notice for the purposes of Regulation 67” and therefore upheld the Council’s challenge.

The Judge also concluded that “he could find no good reason why the appellant should be relieved of that consequence [caused entirely by his own acts] at the expense of Shropshire ratepayers”.

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