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AMENDED DESIGN AND CIL IMPLICATIONS

REBECCA STADDON, modified 8 Years ago.

AMENDED DESIGN AND CIL IMPLICATIONS

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

Hi All,

I would be grateful for some assistance please.

I have the following scenario:

Development A granted permission - New house, New double garage with games room above in conjunction with the new house and single garage in conjunction with existing house.

Applicant completed all forms, claimed self-build relief on the new house and double garage with games room above. Liable to pay CIL on the single garage as not associated with the self-build.

Commencement Notice submitted and development commenced. First instalment of CIL (on single garage only) due mid-December 2015.

The applicant has completed the CIL process correctly and all is well - THEN he decides that he would like to change the games room above the garage to accommodation so that he can live there whilst the main dwelling is being built. His agent has submitted a new full planning application showing this change which has been approved.

My reading of the regulations is that Regulation 74B cannot be used as he has not paid any CIL on development A yet and therefore abatement is not an issue.

As a full planning application has been submitted and he has already started works on the original consent he cannot claim self-build relief and his CIL is now payable in full.

Is there any way out of this for him as it seems very unfair?????

Thanks

Rebecca 

 

Simon Anstey, modified 8 Years ago.

RE: AMENDED DESIGN AND CIL IMPLICATIONS

Enthusiast Posts: 74 Join Date: 17/07/15 Recent Posts

Hello Rebecca.

Does the new planning permission include everything ie the new house, the double garage with accommodation above and a single garage? If so and he builds to this permission, I don't think that you have any choice but to charge CIL on everything as development has already commenced.

Could he revert to the original permission and submit a Section 73 application to amend the games room to accommodation? In which case CIL would only be liable on the accommodation above the double garage.

If this is not possible, could he revert to the original permission and put in a new planning permission to change the games room to accommodation?

It has become apparent to me that views of fairness are not incorporated in the CIL regs.

REBECCA STADDON, modified 8 Years ago.

RE: AMENDED DESIGN AND CIL IMPLICATIONS

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

Simon,

The floor area is exactly the same. All that has changed is the use of the floor area from a games room to living accommodation.

Having spoken with my Planning Manager we believe there is no reason why this cannot be amended via a S73 application.

I will have to speak to both the applicant and the agent and advise of the effect that the type of application submitted has on the CIL liability.

Like you say, fairness doesn't really come into it!

Thanks for your views.

Rebecca