Jurisdiction(s):
United Kingdom

Jones v Shropshire: CIL stop notices not subject to Limitation Act 1980; administrative enforcement outside s 9 action time bar (England and Wales)

Published on: 27 June 2025

Published by a LexisNexis Planning expert

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Article summary

R (on the application of Captain Lee Jones) v Shropshire Council [2025] EWHC 365 (Admin)

What are the practical implications of this case?

This decision carries significance for CIL enforcement under the CIL Regulations, SI 2010/948, and more generally for administrative enforcement by public authorities exercising statutory powers. The court concluded that, although the CIL Regulations do not prescribe any statutory deadline for serving a CIL stop notice to secure unpaid CIL, the six-year time limit in section 9(1) of the Limitation Act 1980 (LA 1980) governing actions to recover sums due by virtue of an enactment does not apply. The practical consequence is that there is no limitation period on issuing a CIL stop notice. As a result, a collecting authority may deploy this measure to enforce outstanding CIL where the underlying development remains incomplete, even if an application for a liability order to recover that amount is already time-barred. Accordingly, the absence of a statutory cut-off means the stop notice remains available even when pursuing a liability order would be out of time...

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