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

Land being sold with planning permission and CIL implications

Debbie Wilson, modified 3 Years ago.

Land being sold with planning permission and CIL implications

Enthusiast Posts: 26 Join Date: 30/01/20 Recent Posts

We have a development that has received 2 separate planning permissions to build as follows:

1. Subdivision of site and the erection of a new dwelling and single story extension to existing dwelling

2. Demolition of existing dwelling and erection of 3 detached dwellings with shared vehicular crossover and access drive.

The new dwelling has already been  built under permission '1' and the CIL has been paid. The owner of the of the site is now selling and proposes to sell to 2 different purchasers of the remaining 2 plots of land thus splitting the curtilage of the original planning permissions.

My query is what will happen to the CIL because CIL kicks in when development starts and if there are 2 different owners and one decides not to develop either now or in the future (i.e. doesn't demolish the existing dwelling but chooses to live in it) the person who develops is in theory liable for the whole CIL charge which is unfair. Does new planning applications have to be submitted to solve the issue?