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Gardiner v Hertsmere Borough Council and Another: CA 16 Aug 2022

‘This case raises a question of statutory interpretation about the exemption from liability to Community Infrastructure Levy (‘CIL’) for ‘self-build’ housing development under regulations 54A and 54B of the Community Infrastructure Levy Regulations 2010, as amended (‘the CIL Regulations’). The particular question is whether that exemption is available when planning permission is granted retrospectively for … Continue reading Gardiner v Hertsmere Borough Council and Another: CA 16 Aug 2022

Giordano Ltd, Regina (on The Application of) v London Borough of Camden: Admn 13 Dec 2018

Application for judicial review of the Defendant’s decision, reviewing and confirming the notice of liability to pay a Community Infrastructure Levy in respect of proposed development at its premises. Judges: Lang DBE J Citations: [2018] EWHC 3417 (Admin) Links: Bailii Statutes: Community Infrastructure Levy Regulations 2010 40(7) Jurisdiction: England and Wales Taxes – Other Updated: … Continue reading Giordano Ltd, Regina (on The Application of) v London Borough of Camden: Admn 13 Dec 2018

Giordano Ltd, Regina (on The Application of) v London Borough of Camden Council: CA 12 Sep 2019

What is the true interpretation, and the effect, of regulation 40(7)(ii) of the 2010 Regulations 2010 as amended under which no Community Infrastructure Levy is payable for ‘retained parts’ of a relevant building ‘where the intended use following completion of the chargeable development is a use that is able to be carried on lawfully and … Continue reading Giordano Ltd, Regina (on The Application of) v London Borough of Camden Council: CA 12 Sep 2019

Oates, Regina (on The Application of) v Wealden District Council and Another: CA 8 Jun 2018

Was a local planning authority’s decision to grant planning permission for a development of housing unlawful because it was made on a false understanding of regulation 123 of the Community Infrastructure Levy Regulations 2010 Lord Justice Davis, Lord Justice Underhill and Lord Justice Lindblom [2018] EWCA Civ 1304 Bailii England and Wales Planning Updated: 23 … Continue reading Oates, Regina (on The Application of) v Wealden District Council and Another: CA 8 Jun 2018

Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others: Admn 18 Nov 2014

A planning permission was granted with an agreement under section 106. A second permission was later granted. The court was now asked whether the section 106 agreement applied also to the second permission. Held: As a matter of law, the developer was, after the reserved matters approval perfected the Second Planning Permission, able to elect … Continue reading Robert Hitchins Ltd, Regina (on The Application of) v Worcesteshire County Council and Others: Admn 18 Nov 2014

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