Self Build Relief and new applications - Public forum - Planning Advisory Service (PAS)
Self Build Relief and new applications
Dean Brunton, modified 8 Years ago.
Self Build Relief and new applications
Enthusiast Posts: 44 Join Date: 10/10/13 Recent PostsHi,
I have a situation where a development has been granted self build relief and is due to start shortly.
They have also submitted a fresh planning application (not a s73) which amends details of the roof of the building but does not amend the floorspace.
The proposed start date for the development is 3 weeks before the 2nd application is due to start and the developer is stating that they will be commencing the first application but if the second application is granted they will then revert to that one.
I'm struggling with what they have to do in CIL terms, I'm thinking that they will have to submit a relief application for the 2nd application as well as a commencement notice (with a date 3 weeks before the permission is due to be granted). If they don't do this and they decide to implement the second application then no relief can be offered?
I've read Reg 74B but I read this as the request must be made before 'permission b' is commenced which won't be the case here as commencement will already have taken place.
Any help will be gratefully received.
...Is anything straight forward with CIL? :-)
Rebecca Randall, modified 8 Years ago.
RE: Self Build Relief and new applications
Enthusiast Posts: 60 Join Date: 06/05/14 Recent PostsHi Dean
I think the answer is covered within Reg.9(6) which states that where the S73 seeks to vary a condition which will not change the GIA then the chargeable development is the development for which the planning permission was granted by the previous permission as if that development was commenced.
Hope this helps, Rebecca.
Rebecca, Dean has specifically said that the new application is not made under s.73.
Dean, strictly speaking, the applicant will have to wait until the second permission has been issued and the relief claim determined before the development is commenced.
Rebecca Randall, modified 8 Years ago.
RE: Self Build Relief and new applications
Enthusiast Posts: 60 Join Date: 06/05/14 Recent PostsSo he did!!!
Daen - ignore me, listen to Tony!