A homeowner who challenged planning regulations after his self-build project became unauthorised has been ordered to pay nearly £120,000 in a community infrastructure tax by a High Court judge.

Nathan Gardiner, of Aldenham Avenue, Radlett, has been ordered to pay £118,227.62 in community infrastructure levy (CIL), a type of tax used to fund services and infrastructure needed to support development.

The High Court heard Mr Gardiner was granted planning permission by Hertsmere Borough Council to part-demolish and extend his home in March 2019.

However, during the course of works, it was found the existing foundations of his home could not support the original extension plans and needed to be removed and rebuilt.

It meant Mr Gardiner had to apply for retrospective planning permission for full demolition and construction of a new six-bedroom property, which was granted in February 2020.

Mr Gardiner decided to progress with the development, though he accepted he was now liable for CIL. At the same time he applied to the council for CIL exemption as a self-builder. His claim was rejected and the council says he was served with a demand notice a year ago.

In court, Gardiner argued a common-sense reading of regulations, meant self-build projects with retrospective planning permission were liable for exemption from CIL. However, the Honourable Mrs Justice Thornton found him not eligible for exemption as the regulations only state self-builders can apply for exemption from CIL when planning permission is granted in advance.

In her judgement on Tuesday July 6, Mrs Justice Thornton concluded: "The grounds of challenge relating to the defendant’s conduct do not fall to be considered in the light of the decision on the point of principle, that it is not possible to claim the CIL exemption for self-build housing where chargeable development is first authorised by a retrospective planning permission."

This Is Local London: Hertsmere Borough Council offices in BorehamwoodHertsmere Borough Council offices in Borehamwood (Image: Newsquest)

Councillor Dr Harvey Cohen, portfolio holder for planning at the council, said: "CIL is an important tool for local authorities to use to support growth in their area. We, as a council, appreciate that CIL regulations can seem quite complex, however we expect all developers and self-builders to follow them to the letter.

"In this instance, we tried our hardest to work with Mr Gardiner and explain the reasons for our decisions, and I’m sorry the dispute escalated to this point.

"We aim to deal with all parties, whether large-scale developers or individuals building their own homes, fairly and openly.

"Applicants for all kinds of developments can talk to our CIL team about any queries they have before, during or after the planning application process. There is also a step-by-step guide on our website.

"We hope this case provides clarity for other self-builders and local authorities who find themselves in the same position."