Dear all, We have an application that has commenced and CIL has been paid in full. They have now submitted two new applications (not S73) for plot substitutions. The first application does not reduce the number of units but the type has changed and therefore the m2 has changed and in this case it has reduced, so therefore the LPA could owe the applicant money? The original application also had relief for social housing. The second plot substitution application concerns 6 units, in the original application 3 of which were affordable and had relief and 3 were market. The second application seeks to reduce the number of units to 3, and not provide the 3 affordable units from the original, however they are proposing to change the tenure of 2 of the market housing to social housing, the remaining market housing will stay the same tenure. furthermore the m2 for both the afforable and market elements has reduced. Therefore, it could be that the applicant owes the LPA for the relief for social housing for the units not being provided (or the difference between what was to be provided and is now being provided) and the LPA owes the applicant for the reduction in the market housing m2.
As these are new applications with a red line around only the units to which the plot sustitutions apply, do we have to pay the applicant back? Assume that they will owe us for the social housing relief? they haven't formally told us that no longer affordable other than the plot substitution applications, and the units are not going to be provided at all so do they pay?. They will have to claim relief for the new affordable units. Not sure if the LPA has to pay back any money? Anyone any ideas, or been through this situation?
Thanks
