Multiple active permissions on one site - Public forum - Planning Advisory Service (PAS)
Multiple active permissions on one site
Oliver McCarthy, modifié il y a 7 années.
Multiple active permissions on one site
New Member Envoyer: 1 Date d'inscription: 04/07/14 Publications RécentesWe have a site which has two full permissions for a new dwelling. One of these permissions was granted in October 2015 (pre CIL adoption) and the other in August 2016 (post CIL adoption). The August 2016 application sought to change the location of a door and add a window with the footprint of the new dwelling remaining the same.
Works on site commenced on the 21st July 2016 with a detached garage being demolished and we are now at the stage where the foundations of the new dwelling are being laid. Are both applications seen as commenced? Can I issue a liability notice and demand notice and then retract them if the applicant opts to build the pre CIL permission?
Thanks in advance
Ollie
You should issue the liability notice on the post-CIL approval. Whether you deem commencement and issue a demand notice now is up to you, but in any case it sounds like you'll need to monitor the site to confirm which build they implement. Reg 65(7) allows you to withdraw a liability notice, and Reg 69A a demand notice, if it turns out they've implemented the non-CIL one.
It would probably have been easier had they put a S73 in for those amendments...
Carol Gore, modifié il y a 7 années.
RE: Multiple active permissions on one site
Enthusiast Publications: 42 Date d'inscription: 20/10/11 Publications RécentesI would contact them first and ask them to confirm in writing which application they are implementing. If they are implementing the post-CIL application, then issue the CLN, and then a CDN unfortunately as they are fully liable and payment was considered due upon commencement as I am assuming no CIL Form 6 has been submitted. Really, the CLN on the post-CIL application should have been issued at the time the application was granted permission.
If however, they have commenced the pre-CIL application, happy days! Should they then decide they preferred the door location etc of the post-CIL application, they could always then submit a S73 application ;-)
As it would be a S73 application referring to a pre-CIL application, with no uplift in floorspace, then that would also not be CIL Liable.