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

CIL AND ENFORCEMENT APPEALS

Former Member, modified 4 Years ago.

CIL AND ENFORCEMENT APPEALS

Hi all, I have a situation that has never arisen before that I could do with some guidance on please.

Back in 2015 we approved an application for a large detached gym/workshop building in the garden of a dwelling and granted extension relief. Following a site visit it became apparent that the building had been built larger than approved and the matter was passed to the Planning Enforcement team. An Enforcement Notice was served requiring the building to be reduced back to its approved size. This Notice was appealed and the appeal was upheld in October 2019.

With the CIL Regulations regarding relief changing in September 2019, does this mean that the revised decision date for the original 2015 planning approval is October 2019 and the liable party can now claim additional extension relief on Form 13 even though the development has been complete for some time (albeit previously unauthorised)?  

Thanks in advance for any help offered.