Planning driving me crazy

[nod]

I'm all ready to break ground All conditions met Materials agreed

I rang two weeks ago and spoke to the planner in charge

He told me that all was fine accept for he was waiting for a response from environmental  regarding  the contaminated land study I had done months ago

I rang him this morning only to be told that the environmental report has been back a week and its fine

But he can not post a commencement notice just yet As he is very busy with applications that are due to run out

and he has till the 17th of November to do it

I'm so tempted to just get started

Any thoughts would be appreciated

   Gary

[Temp]

Aren't these the forms you need to send in?...

 

The CIL exemption form is here (must be granted before you start).

https://ecab.planningportal.co.uk/uploads/1app/forms/form_7_self_build_part_1_exemption_claim.pdf

 

The commencement form is here (must be received by the Collecting Authority before you start).

https://ecab.planningportal.co.uk/uploads/1app/forms/form_6_commencement_notice.pdf

 

Make 100% sure you follow the rules or you become liable for the CIL. Do not start before the exemption is granted and they have received the commencement form (post with tracking).

 

Note that the commencement form asks for a commencement date. Make sure that's after the decision date they give you.

 

Quote

I understand:
That my claim for exemption will lapse where a commencement notice is not submitted prior to commencement of the chargeable development to which this exemption applies.

The meaning of a `disqualifying event' for CIL self build exemption and that where a disqualifying event occurs before or after commencement of development I must inform the collecting authority within 14 days.

That my claim for self build exemption will lapse where development commences prior to the collecting authority informing me of its decision.

 

Quote

An exemption for a self build home must be granted prior to the commencement of the development AND a Commencement (of development) Notice must be received by the Charging/Collecting Authority prior to the date of commencement of the development. The applicant will otherwise be liable for the full levy charge.

Edited October 27, 2016 by Temp

[nod]

Thanks for that

The CIL was granted six weeks ago

That's the frustrating thing

[ToughButterCup]

@nod, your post refers to contamination doesn't it; the CIL isn't the issue - as I see it.

16 hours ago, nod said:

 

He told me that all was fine accept for he was waiting for a response from environmental  regarding  the contaminated land study I had done months ago

[...]

I'm so tempted to just get started

 

 

We had a Contamination Study done because we are on 'made ground'. ('Made Ground' is code for the spoil from an old quarry which supplied clay for the local canal).

 

A tiny amount of Lead (Pb) was found. An old bloke used to wash his paint brushes out in a shed on the ground on which we are building. 

A contamination plan was submitted, and accepted.

 

What did your survey find? 

If it found nothing, I'd be tempted to suggest (not advise) 'get-on-with-it'

[PeterW]

So we have a similar issue - need to get on to sort power to the site as currently attached to the neighbours house and that needs disconnecting ..! In the CIL forms it was a grey area as to whether utility connections counted as service ducts etc for the purposes of commencement so submitted the CIL commencement form (to lock in the discount) despite not having discharged the last two conditions. Quick call and they accepted it. 

 

Six weeks later and we have just had the conditions approval - now to submit the NMA..!! 

 

I would submit the CIL commencement form with a note saying you need to start non-build related tasks - such as fencing etc - and see what they say. 

[MikeSharp01]

We made the mistake of putting in for a demolition notice, about three months from needing it to give them time to process it. They did it in 2 days and because they had sent a letter saying we could demolish, after meeting some conditions about site fencing and the like - which we have still to meet, the building control people added our project to the commenced list. Planning saw it and promptly sent us a desist notice because we still had one pre commencement planning condition incomplete, which we knew! Anyway after a quick call to planning they agreed that we had not started and the work we were doing constituted preparation all is well. Two things we learned.

 

1. There are internal processes inside the LA which we did not take account of - BC adding our project to the commenced list without asking us if we had commenced or waiting for us to meet their conditions for demolition.

2. Once you get to actually speak to the planners they seem to understand and were very accomodating.

 

[ToughButterCup]

But folks; is the CIL the issue? And not the contamination?

23 hours ago, nod said:

[...]

 accept for he was waiting for a response from environmental  regarding  the contaminated land study I had done months ago

I rang him this morning only to be told that the environmental report has been back a week and its fine

[...]

 

If the contaminated land is the issue, can I suggest it's the study's findings that are important.

I expect I'm missing something here. My LPA doesn't know what CIL is (yet )

[Temp]

What confused me is you said all conditions had been met. So is it the formal discharge of the conditions you are waiting for?

[nod]

13 hours ago, recoveringacademic said:

@nod, your post refers to contamination doesn't it; the CIL isn't the issue - as I see it.

 

We had a Contamination Study done because we are on 'made ground'. ('Made Ground' is code for the spoil from an old quarry which supplied clay for the local canal).

 

A tiny amount of Lead (Pb) was found. An old bloke used to wash his paint brushes out in a shed on the ground on which we are building. 

A contamination plan was submitted, and accepted.

 

What did your survey find? 

If it found nothing, I'd be tempted to suggest (not advise) 'get-on-with-it'

Hi Ian

 

The contaminated land survey came back as low risk Be vigilant when digging

The annoying thing is the survey has been back for over a week Which satisfies the last of the planning conditions

Just needs to put it to the planning committee and post the notice

 

 

 

[nod]

13 hours ago, PeterW said:

So we have a similar issue - need to get on to sort power to the site as currently attached to the neighbours house and that needs disconnecting ..! In the CIL forms it was a grey area as to whether utility connections counted as service ducts etc for the purposes of commencement so submitted the CIL commencement form (to lock in the discount) despite not having discharged the last two conditions. Quick call and they accepted it. 

 

Six weeks later and we have just had the conditions approval - now to submit the NMA..!! 

 

I would submit the CIL commencement form with a note saying you need to start non-build related tasks - such as fencing etc - and see what they say. 

I contacted the chap who handles the CIL a couple of months back

As there is a large garage which was built 12 years ago and I wanted to salvage the slates and floor joists Also start felling some of the trees around the plot

He pointed out that all counsels were different But would be fine with what we intended doing and wouldn't consider it a breach

 

 

 

None of this mattered as we sent the CIL ap in on the Monday and received a letter in the post the following Saturday

[nod]

2 hours ago, Temp said:

What confused me is you said all conditions had been met. So is it the formal discharge of the conditions you are waiting for?

Yes I wasn't so clear in my post

Bit of a red mist moment when I made the post

 

That's exactly what we are waiting for