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

Neighbourhood Plans and CIL

Former Member, modified 8 Years ago.

Neighbourhood Plans and CIL

I am proposing developments in a number of neighbourhood plan areas. Because of known Housing Land Supply issues, it is possible that my planning applications will be approved before the Neighbourhood Plans are adopted. The developments would then proceed by commencing before the neighbourhood plan is in place but it may be that the neighbourhood plan is adopted while I am making 5 CIL installments (after 60 days, 180 days, 270 days 360 days, 540 days).   I am asked would the Neighbourhood Planning Authoritys (aka Parish Council) receive 25% of the total CIL amount if the neighbourhood plan was adopted after Planning permission was granted but before CIL was paid in full? If the Neighbourhood Plan did not identify the site, would the 25% CIL rule still apply?   
Former Member, modified 8 Years ago.

RE: Neighbourhood Plans and CIL

The neighbourhood plan has to be in effect on the day on which a panning permission first permits the development (Reg.59A(11)(b)).
Former Member, modified 8 Years ago.

RE: Neighbourhood Plans and CIL

The time line looks like this: Planning Application - Draft Neighbourhood Development Plan - Outline Planning Permission - Adopted Development Plan - Reserved Matters Application/ Permission - Commencement.    
REBECCA STADDON, modified 8 Years ago.

RE: Neighbourhood Plans and CIL

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts
Regulation 59A states that the Neighbourhood Development Plan must be in place before the planning permission first permits development so if you will have already started work before the Neighbourhood Plan is in place the parish will receive 15% capped, not 25%.
Former Member, modified 8 Years ago.

RE: Neighbourhood Plans and CIL

Thanks for the quick replies... One of these proposals is an Outline Planning Permission so I assume the Reserved Matters consent date is the date that development is permitted but I have forgotten how that discussion went in the past!