R (on the application of Orbital Shopping Centre Swindon Ltd) v Swindon Borough Council

Local government – Community charge. The Administrative Court allowed the claimant's challenge to the defendant community infrastructure levy (CIL) collecting authority's decision to issue liability and demand notices with respect to the grant of separate planning permissions for a mezzanine floor and external works. It accepted the claimant's argument that the mezzanine planning permission fell within the exemption created by reg 6(1)(c) of the Community Infrastructure Levy Regulations 2010, SI 2010/948, and the external planning permission created no floor space and so was not liable to CIL.

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