Nathan Gardiner v Hertsmere Borough Council & Anor.

Nathan Gardiner v Hertsmere Borough Council & Anor.

The self-build housing exemption from liability to pay CIL is not available where planning permission is granted retrospectively under section 73A of the Town and Country Planning Act 1990. The statutory scheme requires a valid assumption of liability for a chargeable development after planning permission is granted and before development commences. For retrospective permissions, the grant of permission and deemed commencement are simultaneous, making it impossible to assume liability and claim the exemption as required by the regulations.

Parties
Appellant: Nathan Gardiner; First Respondent: Hertsmere Borough Council; Second Respondent: Secretary of State for Levelling Up, Housing and Communities
Jurisdiction
England and Wales
Judgment Date
16 August 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment (judicial Review)
Outcome
appeal dismissed
Legal Topics
Community Infrastructure Levy (cil), Self Build Housing Exemption, Retrospective Planning Permission, Statutory Interpretation
Planning Law Tax Law Community Infrastructure Levy (cil) Self Build Housing Exemption Retrospective Planning Permission Statutory Interpretation

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Parties

Nathan Gardiner

Appellant

Hertsmere Borough Council

First Respondent

Secretary of State for Levelling Up, Housing and Communities

Second Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment (judicial Review)

Legal Issues

  1. 1 Whether the self-build housing exemption from liability to pay Community Infrastructure Levy (CIL) is available where planning permission is granted retrospectively under section 73A of the Town and Country Planning Act 1990.

Ratio Decidendi

The self-build housing exemption from liability to pay CIL is not available where planning permission is granted retrospectively under section 73A of the Town and Country Planning Act 1990. The statutory scheme requires a valid assumption of liability for a chargeable development after planning permission is granted and before development commences. For retrospective permissions, the grant of permission and deemed commencement are simultaneous, making it impossible to assume liability and claim the exemption as required by the regulations.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.