A Bit of Free Advice - 'In Use Building' Credit for CIL

Most of you will be familiar with the idea that in order to obtain the ‘In Use Building’ Credit for CIL, any building on the application site needs to be standing on the day planning permission for any new development is granted.

What is less well known is:

1)    that if you have consent to use the existing building for the same use as the new consent, the three-year rule does not apply, and so the ‘in use building’ credit will apply irrespective of vacancy.

2)    that it is possible to activate a ‘mean while use’ to reengage the standard ‘in use building’ credit while you planning application progresses, which is handy as hardly any planning applications take less than 12 months.

3)   that (outside London) – with careful planning you should be able to claim both the Vacant Building Credit for Social Housing and the ‘In Use Building Credit for CIL.

This advice could well save you hundreds of thousands of pounds in the future - remember it well!

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Proposals to 'scrap s106 developer contributions' and new flat-rate ‘Consolidated Infrastructure Levy’

S106M comment on reports suggesting the government's proposals to scrap section 106 developer contributions, affordable housing policies and CIL and replace them with a 'Consolidated Infrastructure Levy' will be included the Queen's Speech and come forward for consultation shortly. We outline the potential challenges and propose a constructive solution.
South Somerset Affordable Housing Policy
April 25, 2023

South Somerset Affordable Housing Policy

With varying affordable housing requirements, can your development in South Somerset still be viable?
Appeal win: Strategic 86 unit housing site appeal allowed with zero s106 contributions
February 11, 2022

Appeal win: Strategic 86 unit housing site appeal allowed with zero s106 contributions

Appeal win reducing 17 affordable houses to zero on the basis of high infrastructure costs. S106M provided viability reporting, extensive negotiations with the council and appeal statement of case and further affordable housing statements to support this recent Appeal in North East Lincolnshire for 68 houses and 18 apartments on part of a large strategic site adopted in the local plan and previously consented.
High Section 106 costs are avoidable

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