Hybrid Applications - Discretion to Accept - Public forum - Planning Advisory Service (PAS)

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - This week

Hybrid Applications - Discretion to Accept

Former Member, modified 9 Years ago.

Hybrid Applications - Discretion to Accept

Hi all

We have been asked the question whether the discretion to accept a hybrid application (as set out in para. 24 of the now archived/replaced Circular 04/2008) still exists?

The PPG doesn't appear to have carried it forward, although reference is made in the PPG section on CIL that hybrid applications can still be made (albeit that this section of the PGG predates the recently introduced fees section - so may just be out of date).

The Planning Portal still refers to para. 24 of 04/2008, so also doesn't appear to have been updated.

Does anyone know what the situation is with this?

Any assistance greatly received.

Thank you

Ben

Former Member, modified 9 Years ago.

RE: Hybrid Applications - Discretion to Accept

Ben,

Hybrid applications have no legal standing but it has been accepted for a long time that LPAs can accept and determine them. The is no duty to accept them and thefore the decision is discretionary.

The CIL Regulations do not deal with the possibility of hybrid applications and so if a hybrid application involving CIL chargeable development is approved, a pragmatic approach outside the Regs has to be taken.