Planning Advisory Service (PAS)

CIL Commencement on site with 1 plot having self-build exemption

2018-10-15T09:06:33Z

Planning permission was granted for 5 plots and a Liability Notice was issued to the applicant. We subsequently received an Assumption of Liability form and a Self-Build Exemption Claim for one of the plots and granted the exemption. The self-builder did not submit a Commencement Notice as he advised that he was not starting work for a number of months. We have now been made aware that one of the other 4 plots on site is well under construction - the applicant (who is also land owner) has not assumed liability for the remaining plots and has not served a CIL Commencement Notice (NB - this is NOT a Phased Development in CIL terms). I now need to issue a Demand Notice and would also be applying the surcharge for Failure to Assume Liability and Failure to Serve a Commencement Notice. However, my query is now with the self-builder - as the 'development' has commenced and nobody has submitted a Comm Notice, has he also lost his exemption? This seems harsh but I'm sure he has in terms of CIL unless anyone can tell me otherwise.

CIL - evidence before clawback period ends

2018-08-02T16:13:31Z

Does anyone carry out any checks prior when the CIL 3-year / 7-year clawback period is approaching to establish that the relief/exemption still applies and there has been no change of circumstance? If so, what checks do you carry out? We have a few self-build housing cases where the clawback period is approaching and it doesn't seem right to just discharge the CIL without checking that there hasn't been a disqualifying event but we're not sure of what checks to make.

CIL & Part Final Certificates (Self Build Exemption)

2017-05-09T15:38:42Z

We have received several 'Part' Final Certificates (from Approved Inspectors) for new dwellings that were granted CIL Self-Build Exemption. In all cases, the Part Finals say that the house has been completed but external works (i.e. driveway, disabled access to the property etc) are outstanding. The CIL Regs refer to self-build evidence being submitted within 6 months of 'Final Certificates / Completion Certificates' being issued, so in terms of the requirement to submit the self-build evidence, should we await a 'FInal Final' Certificate for the trigger for the self-build evidence to be met? I'm assuming that if they don't ever get a FInal Cert for the external works, they are only delaying the length of time in which they have to live at the property without being able to sell it and not pay the Levy?

RE: CIL Bespoke Instalments Policy

2016-12-07T10:18:50Z

I'm interested in following this thread too. We've got a current case where an applicant is not disputing the charge but has requested we allow him to pay by instalments. We're awaiting advice from our Legal Team but our inclination is to offer him a repayment plan over 12 months; we figure that we are better off trying to secure the income this way rather than following formal recovery action through court.

RE: RELIEF FOR RESIDENTIAL EXTENSIONS

2015-06-09T07:53:26Z

The new claim forms were released at the end of May and the declaration to live in the property for 3 years has been removed. In relation to the Commencent Notice, the declaration now says 'I will establish whether the charging/collecting authority require a commencement notice to be issued prior to commencing my development' ...... although at the top of the form is says 'A commencement notice should also be received ...... prior to the date of commencement of the development'.

RE: RELIEF FOR RESIDENTIAL EXTENSIONS

2015-06-08T07:24:56Z

We raised the query with DCLG last week and they confirmed the contradiction in the Regs and advised that Reg 42B will be amended in due course to bring in line with Reg 67. We are therefore still asking for the form for completeness for monitoring but we won't penalise if it's not submitted.