Always check collecting authority has received CIL commencement notice before commencing development works

Regulation 67(1) of the Community Infrastructure Levy Regulations 2010 (SI 2010/948) (CIL Regulations 2010) explains that a commencement notice (CN) must be submitted to a collecting authority (CA) no later than the day before the day on which the chargeable development is to be started.

In this case, the appellant posted a CN on 8 September 2020 and commencement of the development started on 28 September 2020. However, the CA did not receive the notice and the appellant could not provide any proof of postage.

While the inspector had sympathy with the appellant, the inspector took the view that the decision to commence development without having received an acknowledgement of receipt was a risky strategy to take. The onus was on the appellant to make sure the CA were in safe receipt of the CN. While the appellant was entitled to use standard post, it did not provide for proof of postage in the way recorded delivery or registered post does.

The inspector could not be satisfied that a CN was submitted before works began on the chargeable development and therefore could only conclude that the alleged breach occurred.

The appeal was dismissed and the surcharge upheld.

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