Orbital Shopping Park Swindon Ltd, R (on the application of) v Swindon Borough Council & Anor [2016] EWHC 448 (Admin) (03 March 2016)

Orbital Shopping Park Swindon Ltd, R (on the application of) v Swindon Borough Council & Anor [2016] EWHC 448 (Admin) (03 March 2016)

The defendant acted unlawfully by issuing CIL Liability and Demand Notices based on treating two separate planning permissions as one chargeable development. The statutory scheme and regulations do not permit such aggregation; each planning permission must be considered independently, and the mezzanine works fall within the exemption under regulation 6(1)(c) of the CIL Regulations.

Citation
[2016] EWHC 448 (Admin)
Parties
Claimant: Orbital Shopping Park Swindon Limited; Defendant: Swindon Borough Council; Interested Party: Next PLC
Jurisdiction
England and Wales
Judgment Date
03 March 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; judgment for the claimant.
Legal Topics
Community Infrastructure Levy, Interpretation of Planning Permissions, Statutory Construction, Tax Avoidance
Planning Law Tax Law Administrative Law Community Infrastructure Levy Interpretation of Planning Permissions Statutory Construction Tax Avoidance

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Parties

Orbital Shopping Park Swindon Limited

Claimant

Swindon Borough Council

Defendant

Next PLC

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the defendant acted lawfully in issuing CIL Liability and Demand Notices by treating two separate planning permissions as one chargeable development
  2. 2 Interpretation of regulation 6(1)(c) of the CIL Regulations

Ratio Decidendi

The defendant acted unlawfully by issuing CIL Liability and Demand Notices based on treating two separate planning permissions as one chargeable development. The statutory scheme and regulations do not permit such aggregation; each planning permission must be considered independently, and the mezzanine works fall within the exemption under regulation 6(1)(c) of the CIL Regulations.

Court Disposition

Claim allowed; judgment for the claimant.

Orders

  • The defendant's CIL Liability and Demand Notices are quashed.