CIL and LLC - Public forum - Planning Advisory Service (PAS)
CIL and LLC
David Attmore, modified 1 Month ago.
CIL and LLC
New Member Posts: 16 Join Date: 30/03/20 Recent PostsHi,
We have had a query as to whether the CIL charge should continue to remain as a Local Land Charge for a property if there is a new Land Registry title against the new dwelling to be built in the garden?
The existing dwelling is not subject to the CIL charge, but the LLC was registered to that address as it was listed as the address on the planning application. There are now new LR title Deeds for the new dwelling and the CIL charge has not yet been paid in full. Can the LLC now be removed from the existing dwelling or should it remain as it is linked to the chargeable development through the planning application?
Has anyone else experienced anything similar or got any advice?
Thanks.
Sarah Holmes, modified 1 Month ago.
RE: CIL and LLC
New Member Posts: 5 Join Date: 07/01/14 Recent PostsHi David
A local land charge is binding on successive owners of the land . Therefore If the planning application red line boundary takes in the extent of the existing dwelling and the new dwelling the CIL charge should be registered on both.
Ahsan Ghafoor, modified 28 Days ago.
RE: CIL and LLC
New Member Posts: 8 Join Date: 20/05/24 Recent PostsLLC - serves as a warning to third parties. Any purchaser of the land will be deemed to have full knowledge of the CIL liability and so be aware of the need to give a commencement notice before the development commences. A charge is an overriding interest for the purposes of registered land and should only be removed once the liability has been discharged in full. It should be registered against the site on which PP has been granted for chargeable development.
Rick Long, modified 27 Days ago.
RE: CIL and LLC
New Member Posts: 14 Join Date: 11/01/16 Recent PostsJust as a follow up to this, we have a case where planning permission was granted for a residential development with a CIL liability. The CIL liability notice was issued to the original landowner/applicant but no Assumption of Liability Notice was received. The land has now been sold. The original landowner has not formally transferred the CIL liabiltiy. The new landowner is working on the basis that the CIL liabilty remains with the original landowner. So when the new landowner commences the development this will trigger a CIL charge to the orignal landowner. The orignal landowner should have either transferred the liability or reflected the CIL charge in the sale price. Is this correct? Thanks
Ahsan Ghafoor, modified 27 Days ago.
RE: CIL and LLC
New Member Posts: 8 Join Date: 20/05/24 Recent PostsThe following are my own opinions. Without getting too technical, the original CIL forms and notice of chargeable development would have shown who has a material interest in the land. Once PP is granted for chargeable development, but nobody assumes liability, a liability notice can be served pursuant to regs 65 and on all those listed at sub (3). As the original owner never assumed liability there is nothing to transfer – they remain liable. However, since the new owner has acquired a material interest, I think it’s better to issue a revised liability notice – see regulation 65 (3) to (9).
Debbie Wilson, modified 21 Days ago.
RE: CIL and LLC
Enthusiast Posts: 29 Join Date: 30/01/20 Recent PostsGood morning,
Regulation 65(3)(c) informs that :
(3) The collecting authority must serve the liability notice on—
(c) each person known to the authority as an owner of the relevant land
As Ashan has mentioned above, the CIL charge should be registered on the site that planning permission is granted i.e. the area outlined in red.
Therefore, CIL charge should be on all properties within the read area until the charge has been paid in full.