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

Decrease in CIL Liability under S73

Hertsmere Council, modified 2 Months ago.

Decrease in CIL Liability under S73

New Member Post: 1 Join Date: 21/05/24 Recent Posts

If a S73 application decrease's the CIL liability of previous FUL application, does the CIL liability notice reduce or does it remain the same under paragraph 5 of the CIL Regs? 

and

Does the rule change where the FUL has been commenced?

Alun Oliver, modified 21 Days ago.

RE: Decrease in CIL Liability under S73

New Member Posts: 4 Join Date: 30/04/18 Recent Posts

You need to assess the CIL in accordance with Schedule 1 (S.I.2019:1103) Part 2 (Amended planning permissions), Paragraph 5 -  Amount of CIL payable: section 73 permissions which reduce liability.

That said as lesser Gross Internal Area (GIA) may not reduce the CIL depending upon the dates of the respective permissions and the associated indexation adjustment - thus Paragraph 4 may be required - depending upon the maths!