CIL re: Reserved Matters - Public forum - Planning Advisory Service (PAS)
CIL re: Reserved Matters
Robyn Walkey, modified 10 Months ago.
CIL re: Reserved Matters
New Member Posts: 6 Join Date: 03/01/24 Recent PostsHi,
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!
Robyn
Debbie Wilson, modified 9 Months ago.
RE: CIL re: Reserved Matters
Enthusiast Posts: 32 Join Date: 30/01/20 Recent PostsMornng 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.
Debbie