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CIL - s73 Abatement

Suzanne Boughay, modified 5 Months ago.
CIL - s73 Abatement
Youngling Posts: 8 Join Date: 28/11/23 Recent Posts

Hello,  we have just approved a s73 in which the abatement (credit) is larger than the new CIL charge.  The developer has paid the full CIL liability on the original development and applied for abatement.

I have been advised that some LA's refund the excess and some dont!

Legislation states:

(14) The difference between the amount paid in relation to A and amount due in relation to B after any abatement has been granted under this regulation is not to be treated as an overpayment for the purposes of regulation 75.]

What is the general consensus on this please?

Claire Woods, modified 5 Months ago.
RE: CIL - s73 Abatement
Padawan Posts: 41 Join Date: 19/06/13 Recent Posts

Hi Suzanne,

You are quoting the legislation for 74B Abatement: implementation of a diffierent planning permission, but S73 applications come under 74A Abatement: section 73 applications which does not state that 75 does not apply.  

Regulation 75 specifically states in paragraph 4 that the interest applied to overpayments in paragraph 3 does not apply to overpayments that result from a S73 application.  Therefore, implying that overpayment for S73 should be refunded but without interest.

I have refunded overpayments resulting from S73 applications, but not refunded applications where a different planning permission is implemented.

Hope this helps.

Kind regards

Claire

 

 

Suzanne Boughay, modified 5 Months ago.
RE: CIL - s73 Abatement
Youngling Posts: 8 Join Date: 28/11/23 Recent Posts
Hello Claire,  Thank you for providing clarity on Legislation, it has been most helpful.   Kind regards Suzanne