The WLR Daily case summaries
[2020] WLR(D) 120
Queen’s Bench Division
Regina (Oval Estates (St Peter’s) Ltd) v Bath and North East Somerset Council
[2020] EWHC 457 (Admin)
2020 Jan 29; Feb 28
Swift J
Planning— Development— Community infrastructure levy— Phased planning permission— Claimant developer seeking judicial review challenging lawfulness of liability notices issued by local authority in respect of community infrastructure levy on claimant’s development— Whether notices wrongly charging levy on whole development not just first phase— Whether development carried out pursuant to phased planning permission— Whether judicial review appropriate means of challenge—
Town and Country Planning Act 1990 (c 8), s 96A(1) (as inserted by Planning Act 2008 (c 29), s 190(2) and amended by Town and Country Planning (Non-Material Changes and Correction of Errors) (Wales) Order 2014 (SI 2014/1770), art 2(2) and Housing and Planning Act 2016 (Permission in Principle etc) (Miscellaneous Amendments) (England) Regulations 2017 (SI 2017/276), reg 3(4)(b))
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Planning Act 2008 (c 29), s 208(3)
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Community Infrastructure Levy Regulations 2010
(SI 2010/948) (as amended by Community Infrastructure Levy (Amendment) Regulations 2011 (SI 2011/987), regs 9(6), 11), regs 2(1), 31, 65(1), 67(1), 69(1), 113, 114