Section 128 of the CIL Regs 2010 states that a development is not liable for CIL if, on the day permission is granted, a CIL charging schedule has not been adopted by the relevant local authority. Does section 8 of the regs have any relevance/impact on this? Section 8(5) states that where outline permission permits development to be implemented in phases, permission first permits development of a phase when the final reserved matter associated with a phase is approved. So, if a phased development is given outline planning permission before a local authority has adopted a Charging Schedule and then reserved matters applications for that phase are submitted after adoption of the schedule, is the development of that phase liable to pay CIL because, as set out in section 8(5) of the regs, development is first permitted on the day of the final approval of the last reserved matter associated with that phase? Or is it the case that if a large, phased development were to be given outline planning permission before a charging schedule is adopted it would never be liable to pay for CIL?
