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Common-sense prevails in Court of Appeal

CIL. . . .

the acronym for Community Infrastructure Levy is the prime mechanism under which Local Planning Authorities impose a levy on new Planning Applications via unilateral undertaking and s106 agreements.

In a new Court of Appeal ruling, its imposition to collect many thousands of pounds per new residential building plot has been ruled unlawful.

Essentially, developments providing up to 10 new plots (5 in the countryside) will no longer be considered liable.

A link to the judgement follows:

http://www. bailii. org/ew/cases/EWCA/Civ/2016/441. html

As with most legal arguments, we expect various challenges, work-arounds and counter-arguments to be presented in the coming months.

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