Regulation 65(1) of the Community Infrastructure Levy Regulations 2010 sets a time limit within which levy liability notices have to be issued. Revised liability notices then can by Regulation 65(5) be granted at any time. Regulation 65(8) provides that on the issuing of subsequent liability notices any earlier notice “ ceases to have effect “. The Court of Appeal holds in R ( Braithwaite etc Properties ) v East Suffolk Council (2022) EWCA Civ 1716 that the issuing of a revised liability notice does NOT operate retrospectively to nullify the legal effect of an earlier liability notice. It cannot be treated automatically as having been a nullity and of no effect from the outset. Legal consequences follow. The point at which the earlier liability notice ceases to have effect is when the authority issues another liability notice in respect of the same chargeable development.
This is an illustration and application of the principle that a decision issued by a public authority is legally valid unless and until quashed. Those affected by decisions made by statutory authorities exercising their statutory functions are not generally entitled to disregard the legal consequences of such decisions on account of the decision-making procedure having allegedly been unlawful They must challenge them by appropriate means. This includes, where appropriate, by a timely claim for judicial review.
A liability notice is extant unless and until superseded by a revised liability notice or quashed by a Court.