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

CIL, S73 and outline applications

Dean Brunton, modified 8 Years ago.

CIL, S73 and outline applications

Enthusiast Posts: 44 Join Date: 10/10/13 Recent Posts

Hello,

 

I wonder if anyone can offer some guidance as I'm getting completly lost in the minefield that is the CIL Regs. 

The scenario is that there is an outline permission granted prior to us adopting CIL.  The developer has now submitted a S73 application to amend the outline application which if granted will result in a new permission but I'm trying to figure out if this will be CIL liable (calculated at reserved matters) or if the developer escapes!

I understand that if they submitted reserved matters on the exisitng outline it wouldn't be, and that if the original was a full application and a S73 then Reg128A applies and CIL would only be payable on any increase in floorpsace but as we do not know the floorspace on the exisitng permission (or on the new application) I'm completly confused!


Any help would be much appreciated!

Former Member, modified 8 Years ago.

RE: CIL, S73 and outline applications

NPPG says that:

"Where an application under section 73 is granted, the effect is the issue of a new planning permission, sitting alongside the original permission, which remains intact and unamended."

"As a section 73 application cannot be used to vary the time limit for implementation, this condition must remain unchanged from the original permission. If the original permission was subject to a planning obligation then this may need to be the subject of a deed of variation."

 

So I read this as meaning that the S73 will trigger the imposition of CIL, because the a new outline permission is being issued after you implemented your charging schedule.

 

Former Member, modified 8 Years ago.

RE: CIL, S73 and outline applications

Effectively, the transitional arrangements in CIL Regulation 128A mean that CIL is only chargeable if there is a net increase in floorspace between the original permission and the Section 73 permission seeking to vary the earlier permission.

My understanding is that if the original permission was granted before CIL charging commences then effectively, the transitional arrangements in CIL Regulation 128A mean that CIL is only chargeable on the S73 application if there is a net increase in floorspace between the original permission and the Section 73 permission seeking to vary the earlier permission.