Gardiner v Hertsmere Borough Council [2021] EWHC 1875 (Admin) (06 July 2021)

Gardiner v Hertsmere Borough Council [2021] EWHC 1875 (Admin) (06 July 2021)

The self-build exemption under Regulation 54A of the Community Infrastructure Levy Regulations 2010 cannot be claimed in relation to development authorised by retrospective planning permission under s.73A of the Town and Country Planning Act 1990. The procedural requirements of the Regulations, including the need to assume liability and claim exemption before commencement, cannot be satisfied in the context of retrospective permission, as commencement is deemed to occur simultaneously with the grant of permission. The legislative framework and amendments do not provide for an exception in such cases.

Citation
[2021] EWHC 1875 (Admin)
Parties
Claimant: Nathan Gardiner; Defendant: Hertsmere Borough Council; Interested Party: Secretary of State for Housing, Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
06 July 2021
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Community Infrastructure Levy, Self Build Exemption, Retrospective Planning Permission, Statutory Interpretation
Planning Law Tax Law Administrative Law Community Infrastructure Levy Self Build Exemption Retrospective Planning Permission Statutory Interpretation

Case Brief

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Parties

Nathan Gardiner

Claimant

Hertsmere Borough Council

Defendant

Secretary of State for Housing, Communities and Local Government

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the self-build exemption under Regulation 54A of the Community Infrastructure Levy Regulations 2010 applies to development authorised by retrospective planning permission under s.73A Town and Country Planning Act 1990
  2. 2 Whether the Defendant acted unlawfully or unreasonably in processing the Claimant's application for exemption

Ratio Decidendi

The self-build exemption under Regulation 54A of the Community Infrastructure Levy Regulations 2010 cannot be claimed in relation to development authorised by retrospective planning permission under s.73A of the Town and Country Planning Act 1990. The procedural requirements of the Regulations, including the need to assume liability and claim exemption before commencement, cannot be satisfied in the context of retrospective permission, as commencement is deemed to occur simultaneously with the grant of permission. The legislative framework and amendments do not provide for an exception in such cases.

Court Disposition

Claim dismissed