RE: Can a revised liability notice be issued if commencement is delayed?

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Former Member, modified 9 Years ago.

Can a revised liability notice be issued if commencement is delayed?

If commencement has not occurred a full year or more after a liability notice has been issued, can a revised notice be issued to account for annual inflation? Or to put it another way, if a commencement notice is received a full year or more after the liability notice was issued, can we apply indexing to the demand notice to account for annual inflation. And similarly, can we apply indexing for inflation to instalments?

I hope somebody can help as I have conflicting advice at present.

Thanks, Tim.

Former Member, modified 9 Years ago.

RE: Can a revised liability notice be issued if commencement is delayed?

Hi Tim,

No, absolutely not. The indexation provision is only applied between the date of the adoption of the changing schedule and the date of the planning permission. The Chargeable, amount once correctly calculated in accordance with Reg. 40, does not change unless relief/exemption is claimed and granted and then a revised LN can be issued.

Former Member, modified 9 Years ago.

RE: Can a revised liability notice be issued if commencement is delayed?

Hi Tim / Rebecca

I'm not sure that I agree.

A CIL Liability Notice is to be sent out as soon as possible after planning consent is granted. This sets the level of CIL for the duration of the consent. A new liability notice would only be sent out if the CIL liable floorspace changed as a result of a CIL Review or Appeal, or as a result of someone being granted one of the reliefs available.

CIL indexation is calculated based on the difference in the index between the year that the Charging Schedule took effect and the year that planning permission is granted (Reg 40(5)). The fact that development may not commence for a few years after it was granted does not mean that you can apply further indexation.

At least that is how I understand it and how we have been applying Reg 40 in Bristol.

Any thoughts?

Jim

Former Member, modified 9 Years ago.

RE: Can a revised liability notice be issued if commencement is delayed?

Jim/Tony - thanks for this - your position on this matter concurs with a colleague in Huntingdonshire who have also adopted the CIL. We at Daventry are yet to adopt so expect a few more queries from me as it all unravels.