Gardiner (claimant/appellant) v Hertsmere Borough Council & anr (defendant/respondent)

Wednesday 18 May 2022

The Claimant appeals the Order of Thornton J dated 6 July 2021, by which she dismissed C’s claim for Judicial Review.

Factual background: This appeal concerns the application of the Community Infrastructure Levy (“CIL”) the purpose of which is to ensure that the costs incurred by public authorities in supporting the development of an area can be funded by the owners or developers of land without rendering development of the area unviable. Certain reliefs and exemptions from liability to pay CIL are obtainable. This led to a claim for judicial review before Thornton J which raised a point of principle as to whether the self-build exemption provided for in Regulation 54A of the Community Infrastructure Regulations (2010/948) (the “CIL Regulations”) applies to the grant of planning permission, pursuant to S73A Town and Country Planning Act 1990, for development already carried out. The Claimant contended that, on the plain wording of the CIL Regulations, the exemption does so apply, and this is consistent with the purpose of the exemption. The Defendant and Interested Party disagreed.

View hearing:

Part 1

Part 2