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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

CIL re: Reserved Matters

Robyn Walkey, modified 3 Months ago.

CIL re: Reserved Matters

New Member Posts: 6 Join Date: 03/01/24 Recent Posts


Looking for a quick piece of advice - we've got a developer who wants to start work under a RM application in May, but he currently has a new RM permission in for the same site (new full app, not a variation of conditions) which has just been validated.

As far as I can see, if he starts work on site under the original one, as soon as the new permission is granted he'll have to pay the remaining outstanding CIL (we'd abate any payments made), as well as the £2500 deemed commencement surcharge, as well as the amount previously granted Social Housing relief, as I don't think this can be transferred over.

Is there a way around this, other than submitting a s73 variation of conditions application? I'm trying to help - it seems like he's been badly advised by a couple of different people and the outcome is that he'll have to pay more CIL than expected, and all immediately rather than in accordance with our instalment policy. I've asked if he can start work later on, but that's a real last resort as he doesn't want to let builders etc down.

Any advice/thoughts gratefully received!


Debbie Wilson, modified 3 Months ago.

RE: CIL re: Reserved Matters

Enthusiast Posts: 28 Join Date: 30/01/20 Recent Posts

Mornng Robyn,

We'v had this in the past and we have allowed the developer to continue works under the new planning permission as long as none of that permission has been implemente before the relevant forms have been completed and acknowledged etc. (i.e. the footings and any works completed so far are in accordance with the original permission).

There was an amendment to th CIL Regs  in 2019 - if you look at 74A and 74B it will hopefully explain the scenario for you.

Hope this helps.