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

CIL Exemption on self build retention applications

Former Member, modified 9 Years ago.

CIL Exemption on self build retention applications

Hello All,

I'm dealing with a scenario where a self build house has been substantially built, the enforcement team have decided that the development varies too much from approved plans and the development is unlawful. CIL will be effective by the time a retrospective application is determined. My understanding is for retrospective planning permissions are deemed to have commenced upon grant of permission. The applicants are hoping to apply for CIL self build exemption but this is dependant on following the correct procedure in that CIL exemption form must be submitted and a notice of commencement must be served before the development commences.

So the question is could the applicants serve a notice of commencement before attaining the permission or would they immediately become CIL liable upon the grant of permission with no option but to pay the CIL.

REBECCA STADDON, modified 9 Years ago.

RE: CIL Exemption on self build retention applications

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts
It would be my understanding that they cannot claim relief in this instance.
Former Member, modified 9 Years ago.

RE: CIL Exemption on self build retention applications

As the Regulations currently stand, the right to claim exemption has been lost.