CIL adopted mid-way outline planning process? - Public forum - Planning Advisory Service (PAS)
CIL adopted mid-way outline planning process?
Charlene Jones, Addaswyd 9 Years yn ôl.
CIL adopted mid-way outline planning process?
New Member Postiadau: 22 Dyddiad Ymuno: 30/08/2013 Bostiadau diweddarI’ve been looking at the legislation and guidance on PPG about transitional arrangements under CIL – i.e. when CIL is adopted partway through an application process.
I wanted to ask this group’s advice about how to deal with the following hypotheses:
- An outline application for up to 100 houses is approved.
- Charging Authority then adopts CIL (therefore CIL not liable on original permission)
- Before submitting a reserved matters application, the developer submits a Section 73 variation of condition application to increase the number of dwellings from 100 to 200.
- The application is approved (and would be CIL liable)
- Then a reserved matters application for 200 houses (GIA 16,000 sqm) is approved and commenced.
Alternatively:
- An outline application for up to 100 houses is approved.
- Reserved matters application for 100 houses at GIA 8,000 sqm is approved.
- CIL adopted
- Section 73 application submitted and outline is varied for up to 200 houses
- Reserved matters application approved for additional 8,000 sqm.
PPG states that: ‘where the original planning permission was granted before a levy charge came into force in the area, and a section 73 permission is granted after the charge comes into force…the section 73 consent … only triggers levy liability for any additional liability it introduces to the development.’
As shown in hypothesis 1, if the Section 73 relates to an outline, and, as in most cases, ‘scale’ has been reserved, the original floorspace won’t be known. How would you go about offsetting the original amount? Hypothesis 2 seems more straightforward, but are there nuances I'm missing?
Many thanks.
Hi Charlene,
See Reg.8(4) . If the last of the reserved matters have not been approved, then for CIL purposes, planning permission hasn't actually been granted.
Charlene Jones, Addaswyd 9 Years yn ôl.
RE: CIL adopted mid-way outline planning process?
New Member Postiadau: 22 Dyddiad Ymuno: 30/08/2013 Bostiadau diweddarThanks Tony.
That was my first reading of Regulation 8 'time at which planning permission first permits development' of the CIL Regs - but then all of the LPA websites that I've checked state something along the lines of the following from wycombe.gov.uk:
"If your outline was granted prior to the introduction of CIL [then you would not have to pay CIL when the reserved matters are approved], because the reserved matters do not constitute a new planning consent. You would only be liable for the levy if you receive permission on a new outline application or detailed full application."
So does Regulation 8 refer to e.g. notice of chargeable development as opposed to the principle of whether a development is chargeable?
Hi Charlene,
Yes, I was too quick of the mark with my original response - sorry. Our web site says the same and I wrote it!
Reg.8 is to be used in connection with other provisions which depend on the "Time at which planning permission first permits development".
I'll try to properly apply my mind to the other issues raise in your original post!
Charlene Jones, Addaswyd 9 Years yn ôl.
RE: CIL adopted mid-way outline planning process?
New Member Postiadau: 22 Dyddiad Ymuno: 30/08/2013 Bostiadau diweddarHi Charlene,
Your first example would present a problem as, without the ability to calculate the "original" floor area the calculation contained in Reg.128A can't be carried out. I am, however, told by one of my case officer colleagues that those particular circumstances are unlikely to arise in reality. If they were to occur I can only suggest seeking advice form DCLG!
In you second example the position is straightforward and Reg.128A can be applied without any problem.