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

RELIEF FOR RESIDENTIAL EXTENSIONS

Former Member, modified 9 Years ago.

RELIEF FOR RESIDENTIAL EXTENSIONS

Good morning all,

Please can you advise which Regulation you are all adhering to when it comes to the submission of a Commencement Notice for residential extensions that have been granted self-build relief??

Reg 42B states that a Commencement Notice must be received.

Reg 67 states that a Commencement Notice is not required for residential extensions. Also Reg 67 specifically refers to residential extensions so does this mean that residential annexes DO need to submit a Commencement Notice?

This obviously makes a huge financial impact on the applicant and the Local Authority.

Thanks in advance

Rebecca

 

Helen Hotchkiss, modified 9 Years ago.

RE: RELIEF FOR RESIDENTIAL EXTENSIONS

New Member Posts: 10 Join Date: 26/06/13 Recent Posts
We raised the query with DCLG last week and they confirmed the contradiction in the Regs and advised that Reg 42B will be amended in due course to bring in line with Reg 67.  We are therefore still asking for the form for completeness for monitoring but we won't penalise if it's not submitted.
Former Member, modified 9 Years ago.

RE: RELIEF FOR RESIDENTIAL EXTENSIONS

We are also aware of the discrepancy and so are DCLG they promised revised forms at the begining of the month.  At the moment to claim the releif from CIL the home owner has to declare that they will not move home for 3 years!!

However, as CIL is recorded on land charges and is discretionary if the Commencement Form is not submitted it can be argued that the agreement has been breached and CIL is now payable.

Too avoid any problems later on we are insisting on the form and advising that if it is not submitted they may no longer be liable for the excemption.

Helen Hotchkiss, modified 9 Years ago.

RE: RELIEF FOR RESIDENTIAL EXTENSIONS

New Member Posts: 10 Join Date: 26/06/13 Recent Posts
The new claim forms were released at the end of May and the declaration to live in the property for 3 years has been removed.  In relation to the Commencent Notice, the declaration now says 'I will establish whether the charging/collecting authority require a commencement notice to be issued prior to commencing my development' ...... although at the top of the form is says 'A commencement notice should also be received ...... prior to the date of commencement of the development'. 
Former Member, modified 9 Years ago.

RE: RELIEF FOR RESIDENTIAL EXTENSIONS

Thanks for the update - I will get them now.