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Social Housing Relief and Commuted Sum conundrum [Reg53(3)]

Carol Gore, modified 5 Years ago.

Social Housing Relief and Commuted Sum conundrum [Reg53(3)]

Enthusiast Posts: 42 Join Date: 20/10/11 Recent Posts

Hi All,

 

Query.  If a developer was granted Social Housing Relief from CIL on 6 units on their site, but then applies for permission to sell them as market dwellings and pay a commuted sum to us instead under a Deed of Variation to their S106, does that mean that they are NOT subject to withdrawal of their Social Housing Relief under Regulation 53(3)?

1) The commuted sum agreed is MORE than the value of the CIL Relief.

2) They would be paying us the Commuted Sum.

3) We do not deliver Social Housing ourselves, but we do work with local RPs and any commuted sums we receive for affordable housing are only spent on affordable housing in our area.

 

Thoughts anyone?  Could Regulation 53(3)(a) be considered as appropriate in this instance?