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

S73 changes pre CIL permission

Former Member, modified 8 Years ago.

S73 changes pre CIL permission

Hi All

Can anybody tell me whether we have got this right...

A pre CIL permission for two houses is implemented and one house gets built. Before commencing work on the second house, the applicant wants to submit a S73 that proposes about 20 sq.m. of new floorspace. We are now post CIL and our reading of the transitional arrangements is that the applicant will have to pay CIL on the additional 20 sq.m. When we told the applicant this news he said he would submit a self build exemption claim anyway. We then responded that he couldn't do this because the original permission to which the S73 relates has already been implemented - whether he actually intends to live there is another matter.

We also advised that if he submited a new full application for the second house and it is approved, he can claim a self-build exemption for that, so long as he follows the process. 

Have we got our facts right?

Tim. 

REBECCA STADDON, modified 8 Years ago.

RE: S73 changes pre CIL permission

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

Yes, you're right Tim.

They have to pay CIL on the additional floorspace but they can't claim any relief as the development has started.

If they submit a new planning application for the second house it will be CIL liable in its entirety so the developer will have to be sure they understand the CIL process because if they make an error with paperwork they could end up paying a lot more than they bargained for!!

Rebecca

Former Member, modified 8 Years ago.

RE: S73 changes pre CIL permission

Thanks Rebecca

Sometimes you start questrioning your own understanding - now we need to see if he really does intend to live there!

Tim