CIL, s106, viability and growthThis forum is specifically for discussing all aspects of the new Community Infrastructure Levy (CIL) and planning obligations (s106 agreements).https://khub.net/c/message_boards/find_category?p_l_id=53683759&mbCategoryId=62179282024-03-28T22:45:58Z2024-03-28T22:45:58ZCriteria on when to apply discretionary surchargesSulina Tallackhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9994388372024-03-26T12:00:44Z2024-03-26T12:00:44Z<p><span style="font-size:11pt"><span style="text-autospace:none"><span style="font-family:Calibri,sans-serif"><span style="font-size:10.0pt"><span style="font-family:"Segoe UI",sans-serif"><span style="color:black">The decision to impose CIL surcharges is discretionary. Have any councils developed some criteria as to when that discretion will be exercised?</span></span></span></span></span></span></p>Sulina Tallack2024-03-26T12:00:44ZRE: CIL exemption for residential extensionsNicki Faulknerhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9968081512024-03-20T13:50:38Z2024-03-20T13:50:38Z<p>Good afternoon, </p>
<p>I appreciate that this thread was started 8 years ago, but I wonder if I could bring it back by asking whether anyone has any experience of this more recently ie. where (P) can't fully meet test 42A (1) (b) at the time of the application (due to living in a rental property whilst rennovation works are taking place), but would occupy the dwelling once the works are complete. Could I ask whether the suggestions above have been used, and any outcomes from the use of those approaches? </p>
<p>Any experience of this, and approach taken would be gratefully received.</p>Nicki Faulkner2024-03-20T13:50:38ZCIL and 5% Admin portionNicola Hamiltonhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9392894922023-11-21T14:39:04Z2023-11-21T14:39:04Z<p>Hi All,</p>
<p>I see there's been a similar post about this, from 7 years ago, so just resurrecting this question to see if there are has been any clarity or consistency that's developed since then.</p>
<p>Following the initial accumulation and set-up and spend period, CIL Regulation 61 then requires that up to 5% of CIL revenue is allocated for the administration of CIL. However, there is no clarity on what to do with any unspent admin portion left in the pot on an annual basis. </p>
<p>Is the legislation deliberately ambiguous? Or do we have to assign it for a specific purpose (stragegic pot?). Could it potentially still be spend on administration/revenue?</p>
<p>Any links to subsequent guidance/amendments/case law appreciated.</p>Nicola Hamilton2023-11-21T14:39:04ZRE: CIL retrospective planning permission surchargesClaire Sykeshttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9202414632023-10-11T14:10:52Z2023-10-11T14:10:52Z<p>Hi Carmel, we apply surcharges, LPI and withdrawal of any instalment policy as per Neal and Suraiya above.</p>
<p> </p>Claire Sykes2023-10-11T14:10:52ZRE: CIL retrospective planning permission surchargesSuraiya Ferdoushttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9190550042023-10-09T08:06:16Z2023-10-09T08:06:16Z<p>Yes, we also apply both reg 80 and 83 and late payment surcharges based on the lateness, instalments lost, late payment interest applied from the date /deemed date of commencement.</p>Suraiya Ferdous2023-10-09T08:06:16ZRE: CIL retrospective planning permission surchargesNeal Gascoinehttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9190500582023-10-09T07:54:07Z2023-10-09T07:54:07Z<p>Hi Carmel,</p>
<p>Yes we apply surcahrges for both for retrospective applications. They also loose the option of any instalment schedule and become due immediatley, with Late payment Interest being applied too. We would also add the 1/6/12 month surcahrges if things go that far.</p>
<p>Cheers, Neal</p>Neal Gascoine2023-10-09T07:54:07ZCIL Reg 103 - Charging orderLisa Edwardshttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9174729472023-10-05T14:58:08Z2023-10-05T14:58:08Z<p>This Reg requires us to notify the debtor of our intention to make an application to the Court for a CO. </p>
<p>I cannot find a statutory template for this and was hoping that maybe someone on here wouldn't mind sharing one, if they have produced one already? </p>
<p>Thanks in advance :)</p>
<p> </p>Lisa Edwards2023-10-05T14:58:08ZCIL retrospective planning permission surchargescarmel huntleyhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9173487562023-10-05T10:14:44Z2023-10-05T10:14:44Z<p>Hi all,</p>
<p>For retrospective applications where CIL becomes payable immediately on grant of pp, could you advise if you add surcharges for no comm notice and no assumption of liability rec'd?</p>
<p>Thanks, Carmel</p>carmel huntley2023-10-05T10:14:44ZRE: Clawback review - self buildLisa Edwardshttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9025075482023-09-05T07:59:39Z2023-09-05T07:59:39Z<p>Similar to the above I check with C Tax but I also send a letter once a year with a simple declaration for them to sign and return. Seems to work well and nobody has refused yet.</p>Lisa Edwards2023-09-05T07:59:39ZRE: Clawback review - self buildDebbie Wilsonhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9021151732023-09-04T10:41:00Z2023-09-04T10:41:00Z<p>Hi Carmel,</p>
<p>We check Council Tax every few months throughout the 3 years and also keep an eye on Zoopla in case the property goes up for sale. We check any local land charges searches too (although this can't always be relied upon becuase we have no idea of personal searches coming in hence the check on Zoopla). Electoral Registration are asked at the end of the 3 year process to ensure all is in order. Thankfully, our departments are happy to work with us :)</p>Debbie Wilson2023-09-04T10:41:00ZRE: Clawback review - self buildDean Bruntonhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9007982422023-09-01T07:47:40Z2023-09-01T07:47:40Z<p>We largely just carry out a land registry check to confirm they still own the plot and go on that.</p>Dean Brunton2023-09-01T07:47:40ZRE: Clawback review - self buildSue Langfordhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9004910932023-08-31T14:22:59Z2023-08-31T14:22:59Z<p>Given that the CIL Regs dont specify that the self-build claimant has to provide anything at the end of the clawback period, we arent in a position to insist they do so. Our Council Tax Team is <em>very</em> cagey about providing any information, even internally, citing data protection concerns, so we usually just carry out a quick check of the Land Registry records to see if there's been any change. </p>Sue Langford2023-08-31T14:22:59ZRE: Clawback review - self buildcarmel huntleyhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9004888992023-08-31T13:59:07Z2023-08-31T13:59:07Z<p>Thanks Phoebe : )</p>carmel huntley2023-08-31T13:59:07ZRE: Clawback review - self buildphoebe martinhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9004442812023-08-31T12:11:06Z2023-08-31T12:11:06Z<p>Hi Carmel,</p>
<p>At clawback period end we contact the self-builder for evidence of residency proof as the first port of call. If they fail to respond we then check internally, getting confirmation from our council tax service. </p>
<p> </p>phoebe martin2023-08-31T12:11:06ZClawback review - self buildcarmel huntleyhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=9004027462023-08-31T10:31:05Z2023-08-31T10:31:05Z<p>Hi all, </p>
<p>I am doing my first completion review for a CIL case that was granted self-build relief. </p>
<p>Does anyone ask for evidence again from the applicant at this stage (3 years on) to ensure that the property has remained in their ownership or should we just carry out our own internal checks to be satisfied? </p>
<p>Thanks, Carmel</p>carmel huntley2023-08-31T10:31:05ZRE: Removing Section 106 Entries in the Land Charges RegisterDean Bruntonhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=8998983062023-08-30T07:44:52Z2023-08-30T07:44:52Z<p>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). </p>Dean Brunton2023-08-30T07:44:52ZRE: Removing Section 106 Entries in the Land Charges RegisterRosalind Bentleyhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=8994424582023-08-29T08:54:26Z2023-08-29T08:54:26Z<p>Hi, we keep all our s106 on LLC as registrations (unless they never become effective agreements as PP was never gained). We tend to update the s106 registration with a comment as to the latest status such as 'obligations complied with' or 'outstanding obligations due before occupation' but we also advise on our searches that they should check the current status of obligations and planning conditions (we find developers are managing to sell and occupy new homes with outstanding pre-occupation non-financial obligations and pre-com or pre-occ planning conditions). On the very rare occasion that a liable party wants to remove a s106 obligation completely, we advice them to apply for a deed of discharge, once legal have completed that deed we would remove the obligation(s) completely. However this is an onorous process and probably not that necessary given that they can just write in to us for a compliance check and we will send them a letter to inform them of the situation - if we are happy all is compliant or the items outstanding would not be passed on to the individual homeowner then this letter is usually sufficient for most solicitors.</p>Rosalind Bentley2023-08-29T08:54:26ZRE: Removing Section 106 Entries in the Land Charges RegisterLouise Weaverhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=8993832612023-08-29T06:46:05Z2023-08-29T06:46:05Z<p>Hi, I have been told by our Land Charges Team that we can only expire Land Charges not remove them (a technical point). For major sites, we have a final S106 Discharge Notice which is available on the Planning Register so can be sourced free of charge when properties are bought and sold. This states the S106 obligations which have been discharged and which ones remain in perpertuity. A copy is always sent to our Land Charges Team. Hope this helps</p>Louise Weaver2023-08-29T06:46:05ZRE: Removing Section 106 Entries in the Land Charges RegisterAndrew Chalmershttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=8990008762023-08-28T08:34:03Z2023-08-28T08:34:03Z<p>In my authority S106 remain on the register, unfortunately I don't know the legal answer to whether this should be the case or not. I do know the peverse problem is that solicitors are constantly chasing for copies of S106 agreements for houses on schemes built decades ago. Our Development Management colleagues basically have a standard response saying that they don't affect a householder and therefore will not answer any questions on them. But then again an awful lot of land charges are completely irrelevant - especially ancient enforcement or BC on previous buildings or uses. It would be good to get an official view. Does this mean the S106 agreement has some clause in about removal from the land charges register?</p>
<p> </p>Andrew Chalmers2023-08-28T08:34:03ZRemoving Section 106 Entries in the Land Charges RegisterAmanda Swithenbankhttps://khub.net/c/message_boards/find_message?p_l_id=53683759&messageId=8965581932023-08-22T14:06:02Z2023-08-22T14:06:01Z<p>Hi </p>
<p>Nearly all of our Section 106 agreements leave it to the Developer to seek removal from the Land Charges Register. I am wanting to have a tidy up as the Developers do not ask for removal very often. I believe that where all obligations on housing development agreements have been discharged, leaving only the Affordable Housing allocation remaining in perpetuity, the entry can be removed from the open market dwellings and only remain on the Affordable Housing properties. Please can I ask what colleagues in other Authorities do? </p>
<p> Thanks Mandy</p>Amanda Swithenbank2023-08-22T14:06:01Z