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Planning Advisory Service (PAS)
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Prior Approvals

Rebecca Randall, modified 9 Years ago.

Prior Approvals

Enthusiast Posts: 60 Join Date: 06/05/14 Recent Posts


We are introducing our CIl from 1st April 2015. My understanding is that prior approvals fall under a general consent (Reg 5) and therefore their date that first permits development is the day on which the charging authority receives a notice of chargeable development (Regs 7 & 64). Is is correct to say that for prior approvals being submitted right now, if they provide a valid notice of chargeable development prior to 01/04/2015 i.e. before our charging schedule comes in, they will not have to pay CIL? Because there were no relevant rates at the date that first permits development...


Thanks, Rebecca.

Former Member, modified 9 Years ago.

RE: Prior Approvals


If CIL is not being introduced until 1st April I cannot see that a valid Notice of Chargeable Development could be submitted before that date.

I think the test is whether the permitted development i.e. the change of use , has been implemented before that date or not.  If it has not been implemented then if the vacancy test is not met the development will be liable for CIL.   As for what constitutes  implementation that is difficult. A building could be converted from offices to flats but not be sold and occupied....or only part of the building converted. We took a pragmatic view and  said that if works had started before 1st April 2014 that were definitely linked to the residential conversion e.g. fitting out of bathrooms, acoustic improvements then  the building would not be liable for CIL.