Community Infrastructure Levy

Landmark barristers regularly advise local authorities and developers in connection with the Community Infrastructure Levy (“CIL”), including issues relating to exemption and relief entitlement, state aid and liability.

Barristers frequently act in statutory appeals under regulations 114-117 of the Community Infrastructure Levy Regulations 2010, and have appeared in a number of the most important judicial review cases concerning CIL, including:

  • R (Oates) v Wealden DC [2018] EWCA Civ 1304 (application of regulation 123)
  • R (Orbital Shopping Parks Swindon) v Swindon BC [2016] PTSR 736 (challenge to liability notice)
  • R (Fox Strategic Land and Property Ltd) v Chorley BC [2014] J.P.L. 1152 (challenge to the adoption of a CIL charging schedule)

Important issues on which Landmark’s barristers are often instructed to advise include:

  • the interaction between CIL and section 106 planning obligations, and the application of regulation 123 of the 2010 Regulations;
  • the indexation of CIL where planning permission is amended;
  • bringing forward a CIL Charging Schedule and getting it through an examination.

Landmark is also uniquely placed to give advice on CIL issues that raise questions of property law. For example, barristers have recently advised in relation to whether a series of property transactions are material disposals that disqualify a person from claiming “exceptional circumstances” relief under regulation 57.

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