Most of you will be familiar with the idea that in order to obtain the standard CIL exemptions – Residential Extensions (more than 100m2), Residential Annexes, Self Build, Charitable Relief, Social Housing relief and Credits for previously paid CIL, you must claim the relevant relief or credit by filing the right CIL notices before you commence the development permitted by the operative planning permission.
What is less well known is that if you obtain a S73A retrospective planning consent, that consent is deemed to commence on the day it is granted, so it is impossible file any claim for a relief or credit before commencement.
This unfortunately means a new CIL liability arises on the grant of a S73A application and no reliefs or exemptions will be available to the developer. Any previous reliefs or credits are lost, potentially costing developers £1,000s.
Every year we encounter a few scenarios of this type, and it is too late to offer any assistance.
The moral of the story is that if you are in an area with a CIL Charging Schedule, make sure you build what is consented, and if you need to change the design, stop building – get permission – start afresh, thereby avoiding the need for retrospective permission.
This advice could well save you Hundreds of Thousands of pounds in future – so remember it well!
