Trent, R (On the Application Of) v Hertsmere Borough Council [2021] EWHC 907 (Admin) (16 April 2021)

Trent, R (On the Application Of) v Hertsmere Borough Council [2021] EWHC 907 (Admin) (16 April 2021)

The Council's failure to issue and serve a valid liability notice in accordance with regulation 65 of the CIL Regulations rendered both the 2019 liability notice and the 2020 demand notice invalid. As a result, the Claimant was not liable to pay the CIL demanded, and the notices must be quashed.

Citation
[2021] EWHC 907 (Admin)
Parties
Claimant: Alison Trent; Defendant: Hertsmere Borough Council
Jurisdiction
England and Wales
Judgment Date
16 April 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review allowed
Legal Topics
Community Infrastructure Levy, Statutory Notice Requirements, Judicial Review, Human Rights Act, Self Build Exemption
Planning Law Administrative Law Community Infrastructure Levy Statutory Notice Requirements Judicial Review Human Rights Act Self Build Exemption

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Alison Trent

Claimant

Hertsmere Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council's 2019 liability notice and 2020 demand notice complied with the mandatory requirements of the Community Infrastructure Levy Regulations 2010
  2. 2 Whether the Council's failure to issue and serve a valid liability notice invalidated the subsequent demand notice and CIL liability
  3. 3 Whether the Council's actions breached the Claimant's rights under Article 1 of Protocol 1 to the ECHR

Ratio Decidendi

The Council's failure to issue and serve a valid liability notice in accordance with regulation 65 of the CIL Regulations rendered both the 2019 liability notice and the 2020 demand notice invalid. As a result, the Claimant was not liable to pay the CIL demanded, and the notices must be quashed.

Court Disposition

Claim for judicial review allowed

Orders

  • The liability notice issued by the Council on 5 August 2019 is quashed.
  • The demand notice issued by the Council on 21 April 2020 is quashed.