The case raised a question of statutory interpretation about the exemption from liability to CIL for self-build housing development under Regulations 54A and 54B.  The particular question was whether that exemption was available when planning permission is granted retrospectively for such development, under section 73A of the Town and Country Planning Act 1990.  The Court of Appeal upheld the decision of the High Court that it was not.  The judgment has implications not just for self-build housing, but also development which would otherwise benefit from charitable relief or social housing relief, where retrospective planning permission has been granted.

The judgment is available here.

Saira Kabir Sheikh QC appeared for the appellant (acting pro bono).  Richard Honey QC appeared for the Secretary of State as second respondent, leading Ben Du Feu.