CIL Liability and Phased Developments - Public forum - Planning Advisory Service (PAS)
CIL Liability and Phased Developments
Dear All
I have read conflicting advice on this matter so would welcome clarification on which of the following applies for phased developments which have outline permission and a completed Section 106 agreement prior to adoption of CIL:
(a) Reserved matters applications for phases which are determined after adoption of CIL are not CIL liable.
Or is it…
(b) Reserved matters applications for phases which are determined after adoption of CIL are CIL liable.
And if the latter applies, other advice I have read suggests that if the already completed S106 agreement contains contributions for items on the 123 list, then a deed of variation needs to be entered into to remove such items from the agreement.
Hope you can help.
Many Thanks,
Tim.
Hi Tim,
Regulation 128 applies. As the OL consent was granted before your CIL Charging Schedule was adopted, the development is not CIL liable. It doesn't matter that the OL consent related to a phased development.
REBECCA STADDON, modified 9 Years ago.
RE: CIL Liability and Phased Developments
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsNotwithstanding Regulation 128 I am not sure I agree - please correct me if I am wrong.
S 208(6) of the Planning Act 2008 says that “the amount of any liability for CIL is to be calculated by reference to the time when planning permission first permits the development as a result of which the levy becomes payable.”
In the case of outline planning permission, the development is first permitted when reserved matters are approved (R 8(4)) and the calculation is made then. It is at that point, in most cases, when the net area subject to the charging rate will first be known. R 40(4) says that the charging schedule to be used for the calculation is that “at the time planning permission first permits the chargeable development.”
On this basis I thought that CIL would be chargeable on Reserved Matters even if Outline Permission was granted pre-CIL adoption.
Hi Amanda
With reference to your last sentence, do you mean: ''...even if outline permission was granted pre-CIL adoption.'' (you say post-CIL). If so, this conflicts with Tony and Rebecca's interpretation and reflects my original problem.
I am neither a planner or a lawyer, so the actual regs simply confuse me which I why I seek the advice of you guys.
Can anybody else out there give their interpretation of the regs on this matter?
Tim.
Tim,
Yes that's the position.
For anyone that hasn't seen it, this CIL guide from Chris Cant, Barrister is useful.
http://www.christophercant.co.uk/levy.html
Para. 8.1 deals with Tim's question.