Community Infrastructure Levy: Surcharge Upheld Where Council Did Not Receive Developer's Commencement Notice

In an example of the strict line being taken on appeal in respect of the administrative requirements placed on developers under the Community Infrastructure Levy Regulations 2010 ("the CIL Regulations"), a planning inspector has decided that the onus is on applicants to ensure that they have not only served a Commencement Notice, but that it has been received by the Council.

In this case, a CIL Liability Notice was served by the London Borough of Hackney (LBH) on 13 June 2016. This was followed by a Demand Notice on 14 August 2017.

CIL Regulation 67(1) requires that a Commencement Notice must be submitted to the collecting authority no later than the day before the day on which the development is to be commenced. In this case, LBH imposed a surcharge on the applicant in respect of an alleged failure on his part to serve this notice.