Trent, R (On the Application Of) v Hertsmere Borough Council

Trent, R (On the Application Of) v Hertsmere Borough Council

The Council failed to comply with mandatory requirements in regulation 65(1), 65(2)(a), and 65(2)(g) of the CIL Regulations by issuing the liability notice more than two years after planning permission and failing to address and serve it correctly. As a result, the liability notice and subsequent demand notice were invalid and must be quashed.

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 Interpretation, Procedural Compliance, Human Rights
Administrative Law Planning Law Community Infrastructure Levy Statutory Interpretation Procedural Compliance Human Rights

Case Brief

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Parties

Alison Trent

Claimant

Hertsmere Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council's liability notice and demand notice complied with mandatory requirements under the Community Infrastructure Levy Regulations 2010
  2. 2 Whether the Council's actions breached the Claimant's rights under Article 1 of Protocol 1 to the European Convention on Human Rights

Ratio Decidendi

The Council failed to comply with mandatory requirements in regulation 65(1), 65(2)(a), and 65(2)(g) of the CIL Regulations by issuing the liability notice more than two years after planning permission and failing to address and serve it correctly. As a result, the liability notice and subsequent demand notice were invalid and 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.