S73 and Late notification of Commencement - Public forum - Planning Advisory Service (PAS)
S73 and Late notification of Commencement
Claire Woods, modified 7 Years ago.
S73 and Late notification of Commencement
Enthusiast Posts: 34 Join Date: 19/06/13 Recent PostsHi,
I have a situation where I have just received a assumption of liablity notice and commencement notice for a development that commenced in September. Subsequently, they have received a S73 permission for a reduced GIA scheme. I'm unsure how to proceed. Should I:-
a) Deem commencement on the original application and add surcharges and ask for immediate payment and then do abatement on the S73 application? or;
b) As they haven't yet paid on the original scheme and the S73 scheme is for a reduction in GIA and therefore a lower CIL charge just deem commencement on that application and archive the original application?
Any advice would be really welcome!
Thanks
Claire
Hi Claire
In my opinion they are charegable under the original permission as they have commenced and sent Form 6 in after the event, which then means surcharges and an immediate payment would be due for the CIL under the previous permission. In effect you have a deemed commencement date if they had already started without informing you.
The I'd have thought given no uplift in floorspace there would be no CIL payable under the new S73 application.
Thanks
James
Claire Woods, modified 7 Years ago.
RE: S73 and Late notification of Commencement
Enthusiast Posts: 34 Join Date: 19/06/13 Recent PostsHi James,
The S73 has a reduced floorspace so are they then not entitled to a part refund?
Regards
Claire
Carol Gore, modified 7 Years ago.
RE: S73 and Late notification of Commencement
Enthusiast Posts: 42 Join Date: 20/10/11 Recent PostsHi Claire,
It would, to my reckoning, still need to be treated in order.
So:
a) Deem commencement on the original application,
b) add surcharges if you wish (they aren't mandatory),
c) ask for immediate payment and charge the Late Payment Interest from date of deemed commencement;
b) then process the S73, and do an abatement under regulation 74A; Abatement: section 73 applications.
I dont believe you can process it all under the S73, and additionally, the Late Payment Interest should be on the original owed amount from due date (day after commencement), until date payment is made, so the Late Payment Interest charge would be incorrect.