Section 73 applications - Public forum - Planning Advisory Service (PAS)

Moira, The Amendment CIL Regulations (2012), introduce transitional arrangements which change the approach to the determination of CIL liability relating to applications made under Section 73 of the TCPA where the original permission was granted prior to the introduction of a charging schedule. Under the new regulations where an existing permission was granter prior to the introduction of a charging schedule and subsequently an application is made to vary this condition (under Section 73 of the TCPA), the variation is only liable for any additional floorspace created within the variation application. If the variation relates to a CIL liable application then it effectively replaces this liability (based on the chargeable floorspace within this application), however interestingly either can still be implemented so you will have to retain the existing Liability Notice until such time as the original app can no longer be implemented. The regs allow for a party to move back and forth between approved schemes. For information, within England, a Planning Application to extend the timescales of an Application cannot be made under Section 73 of the TCPA "Planning permission must not be granted under this section to the extent that it has effect to change a condition subject to which a previous planning permission was granted by extending the time within which— (a)a development must be started".

Thank you. Life would be so much easier if we had a consolidated version of the legislation!

Hi Moira and Daniel, picking up on your last paragraph Daniel, is it your understanding that applications to extend the life of a planning permission under Article 18 of the Town and Country Planning (Development Management Procedure) (England) Order 2010 are not liable to pay CIL? – see http://www.legislation.gov.uk/uksi/2010/2184/article/18/made We are working on the assumption that they're not liable but would welcome any thoughts thanks.

Peter, I sought legal advice on this subject as we had a number of applications to extend the time for the implementation of an extent planning application. My legal colleague was clear that "Section 73(5) of the TCPA (1990) prevents, (in England), a variation of an existing condition to extend the time for commencement of development or submission of reserved matters". Furthermore, "'Paragraph 17 of the 'Greater Flexibility in Planning Permissions' document, confirms applications to extend are to be treated as new applications for development". "The guidance indicates that: - the original permission must have been granted before 1 October 2010; - an application to extend time for commencement must be applied for before time limit expires; - development must not have commenced other than in the case of an Outline permission which specifically provided for phased development". Therefore I think it is clear that an application to extend the timescales for the implementation of an extant Planning Permission represents a new Planning Application and is therefore liable for CIL. Hope this helps. Dan

Thanks Daniel, that's really helpful, really appreciate you taking the time to put me on the straight and narrow! Peter