Out-Law / Your Daily Need-To-Know

Chorley CIL charging schedule challenged in High Court

Out-Law News | 14 Mar 2014 | 2:20 pm |

Chorley Borough Council has become the first local authority to be subject to a legal challenge to its community infrastructure levy (CIL) charging schedule.

A challenge brought by developer Fox Strategic Land and Property asking for Chorley's CIL charging schedule to be quashed was heard in the High Court this week, Planning Magazine has reported.

According to the reports, Fox Strategic argued that the procedure leading to the adoption of the charging schedule in July last year was flawed, including the evidence base used for the charging schedule's approach to land values.

Fox Strategic argued that the dwelling size and density used to calculate the CIL rates had been modelled using an unrealistically large unit size. It also said consideration should have been given to whether the charging schedule should continue to be in effect after January 2016 because production costs could increase as a result of proposed energy efficiency policy changes.

The judgment is reserved for a date yet to be set.