Planning Advisory Service (PAS)

RE: Planning software systems

2024-11-21T18:12:36Z

Hi Hannah,

We would welcome some collaborative working in supplier demos and would be happy to share some experiences of recent work we have been undertaking with a supplier.

My email is dean.brunton@nfdc.gov.uk if you wanted to get in touch.

RE: Planning software systems

2024-05-24T11:08:36Z

Hi, we have had MYCLELIA for a for a couple of months now, our Ecologist is very happy with it - it is certainly making his life a lot easier. It is also proving good at validation as the software can quickly scan and identify any issues in the BNG metric straight away and suggest valdation sentance to go back on.

RE: CIL and Offsetting liability for In-use buildings

2024-01-24T18:07:26Z

Hi,

An interesting discussion thread.

From the perspective of our authority I don't think we would be minded to consider the offsetting post commencement, as Alison has said the wording in 65(5) is 'MAY' and I think thiis is more in relation to clartical errors at initial grant, or a change in Liability (in which we would have to reissue).

65(4) i think is a bit of a red erring as this relates to the a change in relief.

From our point of view if they haven't appealed during the appeal timeframe then the situation is as per the notice regardless of information submitted at a later date (particularly post commencement).

One way to try to avoid this happening is sending a letter early in the application process with what we consider the CIL liability to be (after we have reviewed plans and measured), we have found that we get minimal appeals by doing this as any issues can be negotiated whilst the application is being determined. It would be interesting to know if any other authorities do this?

RE: New IT system to cover planning, building control, etc.

2023-11-06T09:24:31Z

Hi, yes if you had time for a quick chat over teams to discuss that sounds great.

RE: New IT system to cover planning, building control, etc.

2023-11-06T08:48:59Z

Hi, out of interest, and apologies for slightly highjacking post - but is anyone thinking of applying for any of DLUC digital planning fund for use on devleoping a new system?

RE: Clawback review - self build

2023-09-01T07:47:40Z

We largely just carry out a land registry check to confirm they still own the plot and go on that.

RE: Removing Section 106 Entries in the Land Charges Register

2023-08-30T07:44:52Z

If a S106 has been fully complied with then we remove the entry from the register, however the agreement itself is still held on the planning file which is available publically. Where are site has long term management requirements (e.g. for open space) these would remain on the register as these would never be fully complied with (due to the ongoing requirements in perpetuity).

RE: CIL Self Build and Title Deeds

2023-08-16T07:23:35Z

Hi, we have also taken the same approach at our authority. As mentioned above, it is often the VAT refund that also causes delays and we take a similar approach with that too.

RE: CIL - extension relief after commencement?

2023-06-14T07:42:26Z

Hi,

In situations like this we would enforce the CIL, the Liability Notice presumably set out everything they needed to do.

There are high court decisions that relief cannot be claimed retrospectively, so however harsh it may seem the Regs are quite clear on this.

RE: CIL AND S106 SITE VISITS

2023-03-21T07:11:53Z

Hi, at New Forest District Council, we have similar to what others have listed (e.g. a list of the relevant planning acts that authorise us entry).

RE: Subsidy Control Act 4 January 2023 - CIL Spend

2023-03-13T10:16:21Z

Hi,

To jump on to this thread and expand - has had anyone had any thought on the Act itself and the implications for granting of CIL relief etc? I'd be interested to know any views relating to this, particulary in relaton to say, relief, the calculation of the vacancy test (for calculating CIL) and vacant building credit

RE: Form 7 Part 2 Evidence

2023-03-03T07:38:43Z

Hi,

We have accepted a Professional Consultants Certificate (PCC) instead of the self build warranty in the past.

CIL Social Housing relief - Right to Buy

2023-02-24T08:00:20Z

Hi,

Just wondering if anyone has had any experience with developments that have social housing relief but then receive an application for a right to buy within the disqualfying period?

Have you withdrawn relief?

Reg53(3) states: The material disposal of a qualifying dwelling does not cause it to cease being a qualifying dwelling if—

(a)the proceeds of sale are spent on a qualifying dwelling;

but there aren't any accompanying notes to about if/when/where/how the new qualifying dwelling should be provided - is just putting in a general pot to buy new housing at some point acceptable or does the exact plot need to be identified at the time of the disposal of the dwelling?

Grateful for any advice.

headroom under 1.5m

2022-06-23T13:27:27Z

Hi, I was just wondering if authorities are including this within their CIL calculations or not. From a quick search it seems a mixed bag, and to date we haven't been. However, we have come across an appeal decision which states that it should.

I haven't found an official line on this, but if anyone could clarify it would be great.

Thanks

Social Media for site notices

2021-02-04T14:11:28Z

Hi, I was just wondering if anyone has any experience/views on using social media etc with regards to advertising planning applications instead of using site notices, particularly during our various lockdowns!

Self build homes in different districts

2021-02-04T14:11:19Z

Hi, I was just wondering if anyone had any experience with regards to someone applying for self build relief for their primary dwelling but possibly having already applied for self build relief elsewhere in the country?

The reason I ask is that I had a call from someone asking if the self build rules were 'nationwide' which made me wonder if they were trying to get around rules. I know the burden of proof is on the applicant to provide the info, but do people check with other Districts if someone has applied from outside their area? (or am I just worrying too much on this!)

CIL self build and second homes

2021-01-14T13:58:36Z

Hi, I have a development for self build which completed on 16/1/2018, I received all the required part 2 forms and have just done a check to make sure they were still living there. My enquiries have revealed that following completion they changed the property to be their second home for the first 10 months following completion. My initial thought is that this disqualifies them from the relief but this isn't specificially listed as a disqualifying event...anyone else experienced this or know what they would do?

CIL Annex loophole?

2020-11-17T10:02:00Z

Hi, we have a case where someone put in an application for a standalone annex in the rear of their property, not PD but under 100sqm. As a new dwelling then CIL liable.

During a site visit it transpired they had already commenced work prior to a decision.

We advised that in accordance with the CIL Regs that relief couldn't be applied for (as works had commenced).

The applicant has now said that he may withdraw the application and submit one for an 'outbuilding', as this is less than 100sqm then no CIL payable. He has then indicated that he will use the outbuilding as an outbuilding for a bit and then covert to his annex.

Whilst this would be an unauthorised use our enforcement team have said they won't take any action as they cannot identify harm (which I accept).

As they won't have a permission I can't see how we can then recover any CIL due?

New Permitted Development - Pre commencement conditions

2020-10-19T16:00:37Z

Hi, just a query on these, are people seeking approval for adding these (I'm talking about the construction plan) to the consent from applicants to add like regular permissions or just treating these as mandatory under the regs and just adding?

CIL Calculation query - new permission to replace a pre CIL one

2020-08-20T11:01:51Z

Hi, I have a CIL measuring query which hopefully you may be able to help on, I suspect I know the answer but would obviously like to be sure before I confirm.

Pre out adoption of CIL we approved a new dwelling and the contributions applicable were collected via a S106. This development has not yet been finished.

The applicant has now submitted a new FULL application for the dwelling but with an added extension (the added extension is less than 100sqm).

Applicant is claiming self build relief but has work has begun I can’t see how this can be claimed (I don’t than 54(b)(3a) applies as relief was never applied for on the first application (as CIL wasn’t in place). I don’t believe (or at least can’t see any) there are any transitional regulations for implementation of a different full permission and so it may that the new application is fully CIL applicable?

Can I body help?