CIL Self Build Relief

Planning Advisory Service (PAS)

Ouvert | En cours - juillet 2012 | Dernière modification - Aujourd'hui

Former Member, modifié il y a 8 années.

CIL Self Build Relief

Has anyone come across the following scenario:

Someone gets a planning consent to construct a dwelling, pre the introduction of CIL by the Council. They get building, however unfortunately they do not build to their approved plans. Consequently, a new planning permission is required to rectify the situation. A new full planning application is submitted and granted. By this time CIL has been introduced by the Council. The builder now wishes to claim self-build relief.

Can they?

The way I see it there are two options:

1: they cannot claim because the chargeable development had already commenced prior to the new planning permission being granted, or

2: they can claim provided that they have not done any work on the property since the new planning permission was granted

Any thoughts? - I'm asking our solicitors for advice but thought it worthwhile to see if anyone else had come across this.

Jim

REBECCA STADDON, modifié il y a 8 années.

RE: CIL Self Build Relief

Advocate Publications: 103 Date d'inscription: 05/09/13 Publications Récentes

Jim,

We have had a few of these here at TDBC and I have taken legal advice on the matter.

I have been advised by our legal team that the building completed to date under the pre-CIL application is unauthorised as it is not in accordance with the approval.

The date their full post-CIL planning permission is granted to regularise the development is the date they have planning approval.

The application is retrospective and development has commenced.

Therefore they are unable to claim self build relief or pay by instalments.

It is one of the pitfalls of completing unauthorised works.

Rebecca

Former Member, modifié il y a 8 années.

RE: CIL Self Build Relief

Hi Jim

I would say that work has commenced on the second application (thereby making it a retrospective application) because otherwise how would one know that it's not being built in accordance with the approved plans from the original application? It must have progressed past the point where any doubt exists about whether it is or isn't in accordance with the approval. This being the case I would say that they can't claim self-build exemption, but would be interested to hear the legal opinion.