Switching planning permissions - Public forum - Planning Advisory Service (PAS)
Switching planning permissions
A developer has been granted permission for a new dwelling through:
- a 2014 permission (pre-CIL, not liable)
- a 2016 permission (post-CIL, liable and chargeable)
A site visit found work had commenced on the dwelling. No CN received so commencement deemed and DN issued. They've discharged the conditions on the 2016 pp, so we can assume that it is the chargeable development being implemented. They had also applied for self-build exemption on the 2016 pp but the claim form was returned because information was missing.
The footprint of the 2014 and 2016 approvals are the same, the only difference being the 2016 has a larger first floor area. But this can only really be confirmed when the build is further on. In the absence of a CN, the developer has not confirmed which build the works relate to. The developer (a self-builder) has verbally expressed an intent to switch to the 2014 permission instead to avoid his CIL (presumably then making a S73 application to amend the plans to include an extra bedroom and which will incur its own charge). Again, this implies he's commenced the 2016 pp. However, R74B doesn't seem to support his intended switch as he's not paid (74(3(b))). And if he did, it seems we'd then have to refund his money as the 2014 is not liable.
If the 2016 pp has been implemented, can he notify of a switch to the 2014 pp to avoid CIL?
thanks
REBECCA STADDON, modified 7 Years ago.
RE: Switching planning permissions
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsHelen,
Are there any pre-commencement planning applications attached to the 2014 application? If so, have they been discharged? He would have trouble claiming that he has implemented the 2014 application if he has only discharged pre-commencement conditions on the 2016 application. It sounds to me like this is going to involve your legal department and some very close site monitoring.
Rebecca
There were pre-commencement conditions on the 2014 pp but they haven't been discharged - which is why we believe the 2016 is the implemented pp.
REBECCA STADDON, modified 7 Years ago.
RE: Switching planning permissions
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsHelen,
I personally would proceed as if they have implemented the 2016 approval, as that is what the discharging of the pre-commencement conditions on that 2016 permission suggests, and the onus would be on them to appeal that decision and provide evidence to the contrary.
Rebecca
REBECCA STADDON, modified 7 Years ago.
RE: Switching planning permissions
Advocate Posts: 103 Join Date: 05/09/13 Recent PostsHelen,
I don't believe that they can switch permissions.
My understanding is that they haven't complied with the Regs as they haven't submitted any CIL forms and have commenced on site without the submission of a CIL Commencement Notice.
Reg 74A - Not applicable as the 2016 application is not a section 73 application and no CIL has been paid.
Reg 74B - Not applicable as both developments A and B (2014 and 2016) have to be chargeable developments (the 2014 approval is not chargeable), no-one has assumed liability to pay CIL and no CIL has been paid.
Rebecca
Suzanne Shaw, modified 7 Years ago.
RE: Switching planning permissions
New Member Posts: 6 Join Date: 05/08/15 Recent PostsHi Helen,
At Horsham, we take the stance that if a development commences without complying with their pre-commencement conditions, and those conditions go to the heart of the permission, that they essentially invalidate their planning permission and have to re-apply.
Therefore, if the builder commences the 2016 permission, he can't switch to the 2014 one as he hasn't complied with the pre-commencement conditions.