'I hope this case serves as an example to others and illustrates that Hertsmere will defend our duty to demand CIL payments through the courts, if necessary'
A property developer has been ordered to pay £732,200 after a legal case with"no prospect of success" was dismissed.
Bushey-based Heronslea Ltd had sought permission to contest a bill from Hertsmere Borough Council, relating to its 55-home development off Bushey Hall Drive, at the Court of Appeal. A review by Lady Justice Thirlwall decided the case had “no prospect of success” on November 21, although the council was only informed before Christmas.A developer must submit a commencement notice to the local authority before work begins on a development, but in 2019 the council said officers noticed buildings were demolished and trenches were dug, but no commencement notice had been received.
Heronslea had already paid a £1.1 million Community Infrastructure Levy to the council in March, but was ordered to pay a further £500,000 towards local infrastructure for breaching the regulations. It had argued it was only liable for £1.1 million in CIL, because the development included affordable housing and qualified for housing relief. However, local authorities are entitled to withdraw the relief if they have not been properly notified.
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