DEVELOPMENT NOT AS APPROVED

Planning Advisory Service (PAS)

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

REBECCA STADDON, modified 9 Years ago.

DEVELOPMENT NOT AS APPROVED

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

Hi all,

I have an approval for the conversion of an agricultural building (not in lawful use) to a holiday let across 3 floors. The applicant has advised in writing that he will only now be creating the ground floor as it is cost prohibitive to create the first and second floors. How does this affect the CIL calculation? He could create the ground floor now and then create the first and second floors down the line as he has approval for them. Does he pay CIL on the development he has approval for i.e. all 3 floors or only on what he is physically building i.e. the ground floor?

Thank you in advance.

Rebecca

Former Member, modified 9 Years ago.

RE: DEVELOPMENT NOT AS APPROVED

In.my view you pay CIL for the development that you have planning permissin for on commencement of the permission. I probably have a slightly different question - does he have consent for the development he will be undertaking?

REBECCA STADDON, modified 9 Years ago.

RE: DEVELOPMENT NOT AS APPROVED

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

Thanks Gillian,

Here at TDBC we use an 'Approved plans' condition. The applicant has submitted a Discharge of Conditions application stating that he will now not be implementing some of the approved plans. This Discharge of Conditions application has been passed to the Planning Officer. I am not a Planning Officer but I have been advised that applicants do not have to resubmit an application if they are carrying out a lesser scheme. That is going to make life hard for me as a CIL Officer as I cannot possibly monitor all developments to ensure that they don't carry on and build the larger scheme that they have approval for. To make life easier for me I think he should have to submit a Variation of Condition application to gain approval for what he will actually be building but I'm not sure whether I can insist on this.

Former Member, modified 9 Years ago.

RE: DEVELOPMENT NOT AS APPROVED

From a CIL perspective the application he has receved consent for is as described on thesubmitted plans and decision notice ( over 3 floors) - so when he commences the development he would be CIl liable for it all - unless he submits a new application for a different ( smaller scheme).

REBECCA STADDON, modified 9 Years ago.

RE: DEVELOPMENT NOT AS APPROVED

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

Thank you Gillian, you have been most helpful.

Former Member, modified 9 Years ago.

RE: DEVELOPMENT NOT AS APPROVED

Regulation 9 contains the relevant provision. The only exception to what Gillian correctly said occcurs in the case of phased permissions where each phase is to be treated seperately for CIL purposes.