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Planning Advisory Service (PAS)
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CIL - amended

Former Member, modified 7 Years ago.

CIL - amended

Detailed planning permission was granted for 2 dwellings prior to CIL coming into force.  It may be necessary to amend the permission to address a problem which has arisen during the course of construction.  It has been suggested that as a charging schedule is now in operation the new permission will result in CIL being levied.  The amended permission will not change the number of units nor will it increase the floorspace.  In fact there will be a reduction.  We therefore take the view that no CIL is payable.The situation described is analogous to the amendment made in relation to section 73 applications.
Carol Gore, modified 7 Years ago.

RE: CIL - amended

Enthusiast Posts: 42 Join Date: 20/10/11 Recent Posts

Hi Kingsley,

Under the CILRegs, any new planning permission is CIL Liable. regardless of any previous permissions granted.

If, however, it is a S73 application, then Reg.128A will be implemented.  Therefore, if there is less floorspace, then the CIL will be £0.

BUT, if it is not a S73 application, then CIL will apply.

The only other transistional arrangement available under the CIL Regs would be Reg.128B ' Article 18(1) of DMPO applications.

The CIL Regs cannot be 'adapted' for applications which are 'similar to a S73' or other types.  They must comply with the condidtions laid out in the Regulations.