Retrospective Permission

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Yesterday

Brenda Rogers, modified 6 Years ago.

Retrospective Permission

New Member Posts: 16 Join Date: 14/03/17 Recent Posts

Please can someone help me with this application?

Permission was given for a replacement house in 2016, pre CIL. The house wasn't build according to the planning permission, and an extension was also built. A new permission has now been issued for retrospective application for the erection of 1 dwelling, and is therefore liable for CIL. The architect has put in a self build exemption form as well as a residential extension exemption. My thoughts are that the extension isn't an extension, but part of the new dwelling/permission and, as the work has commenced the exemptions cannot be granted, and the payment is due. The argument against this put by the architect was that the building started pre CIL - my argument was that the work wasn't carried out according to the permission, so permission didn't exist.

Please can you confirm that this is correct as I am obviously going to be challenged on this once I present them with a rather large bill!

Former Member, modified 6 Years ago.

RE: Retrospective Permission

I would agree with your conclusion and it is planning permission for CIL liable development thus incurring the CIL charge, they didnt lawfuly implement their original consent so cant claim they have implemented that one. A way around it would have been to amend the plans condition if there was one via S73 and add on the extension, they would have only then had to pay CIL on any uplift in GIA (the extension). To completely avoid it build out the house to the approved plans and then put in a householder application.

Simon Anstey, modified 6 Years ago.

RE: Retrospective Permission

Enthusiast Posts: 74 Join Date: 17/07/15 Recent Posts

This situation has happened here. The new planning application is liable for CIL and as work has started (and finished) before any exemptions being claimed, no exemptions can be awarded. It sounds like the extension is to be included in the application for the whole house so is no longer treated as an extension. This outcome is the unfortunate result of building something without the correct planning permission. Our applicant tried fighting the case but had to pay up in the end as the regulations are clear in these circumstances.

Brenda Rogers, modified 6 Years ago.

RE: Retrospective Permission

New Member Posts: 16 Join Date: 14/03/17 Recent Posts

Thank you. I think the applicant could still put in a S73 application and then only be liable the extension but is it our job to advise them how to avoid tax?

I'm not sure that they are still able to build house to approved plans and then put in householder - the problem is that they have built house and extension so, to do this, wouldn't they have to knock down the extension? Maybe cheaper in the long run though as they are currently looking at over £70k.