Wilkes, a Birmingham-based law firm, has represented the claimant in a landmark judicial review case, described as “significant” by the Rt Hon Sir Justice Holgate. Wilkes’ Planning Team, a leading authority on Community Infrastructure Levy (CIL) matters, advised the claimant.

The case examined whether a council was time-barred under section 9 of the Limitation Act 1980 from serving a CIL Stop Notice nine years after the chargeable amount became due. The Act typically limits recovery actions to six years. However, Mr. Justice Mould ruled that "action" in section 9(1) does not apply to administrative actions like issuing a CIL Stop Notice, allowing councils indefinite time to act.

The claimant, granted planning permission in 2015 for a self-build project, sought a CIL exemption but mistakenly used the wrong form. This led to a disputed payment demand, legal challenges, and an appeal victory in 2022, where the council conceded it was time-barred from seeking a liability order. Despite this, the council issued a CIL Stop Notice nine years after the original demand, prompting the judicial review.

This ruling has major implications for developers and local authorities, confirming that councils can issue CIL Stop Notices at any time, even post-development, exposing developers to prolonged enforcement risks. It underscores the need for accuracy in CIL compliance and timely legal advice.

Wilkes Planning Team worked with Leanne Buckley-Thomson of No5 Chambers on this case.

The judgment can be found here: https://www.bailii.org/ew/cases/EWHC/Admin/2025/365.html