Planning Advisory Service (PAS) Logo
Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Today

CIL Phasing - including enabling infrastructure

Former Member, modified 9 Years ago.

CIL Phasing - including enabling infrastructure

Hi.

Has anyone had experience with the phasing of CIL liable developments where work is first required to deliver enabling infrastructure?

Context: We have a large residential site where we plan to phase delivery of the development. The developers first need to undertake a range of works to the site infrastructure in order to enable the development. The infrastructure requirements run across the whole of the site. As commencement is triggered by any material operations on the land, we want to avoid the infrastructure works triggering a commencement across all the phases, as this may put the site at risk due to viability.

We think our options are:

a) to phase the development so the enabling works are identified as a separate phase of development, and do not trigger commencement of the other chargeable phases; or

b) to treat it as a hybrid application - with the enabling infrastructure dealt with as full p/p and the residential development treated as outline

 

Has anyone had experience of phasing a development where enabling infrastructure works are required first?

Is anyone able to share an example of how phasing has been clearly stated in the planning permission?

 

Thanks.

 

Rebecca Randall, modified 9 Years ago.

RE: CIL Phasing - including enabling infrastructure

Enthusiast Posts: 60 Join Date: 06/05/14 Recent Posts

Hi Helen

I havent had experience with this because we do not start charging our CIL for another 4 weeks. But how about using a suspension of demand notice? see Reg 69A.

Rebecca.

Former Member, modified 9 Years ago.

RE: CIL Phasing - including enabling infrastructure

The provisions of Reg.69A are only available when liability has been apportioned by the authority.

I can't see a problem with agreeing with the applicant that the enabling infrastructure works constitute the first phase of the development with the residential elements being subsequent phases.

Former Member, modified 9 Years ago.

RE: CIL Phasing - including enabling infrastructure

Helen

We have a similar issue on a large site  with a spine road that runs through the site a proportion of which  will need to be built before any houses start being built -  my initial thoughts are to have a phasing plan that shows  the housing areas divided into phases excluding the main spine road - with Liability to pay CIL  being triggered from the start of each phase - probably deferred to days from the commencement  of foundations for the first dwelling in each phase. I am checking with our solicitor whether we can do this.

 

Alison

cil