dogman Posted February 6, 2017 Share Posted February 6, 2017 If councils are not using CIL policy some are still using sec 106 agreements. My council ended in court over the refusal to extend the self build exemption. Check as some are still imposing section 106 payments so don't get caught out Link to comment Share on other sites More sharing options...
Ferdinand Posted February 6, 2017 Share Posted February 6, 2017 34 minutes ago, dogman said: If councils are not using CIL policy some are still using sec 106 agreements. My council ended in court over the refusal to extend the self build exemption. Check as some are still imposing section 106 payments so don't get caught out I do not believe that CiL excludes Section 106, however aiui the scope of Section 106 is reduced to things directly related to the site. If the Council does not have CiL in place, I am not clear whether the Section 106 is the new circumscribed version or the previous (pre-CiL) version which could be applied to projects less directly linked to the site. An example of a valid Section 106 payment under the pre-CiL policy which could be excluded under the narrower post-CiL definition might be an upgrade to the Town Square, whilst work to cope with the extra traffic you are generating may be a directly linked policy. (Note: this is my personal opinion and I have not re-read the national policy documents to check. The thing changes like a kaleidoscope so it could be different next week.) Ferdinand Link to comment Share on other sites More sharing options...
Temp Posted February 6, 2017 Share Posted February 6, 2017 (edited) +1 I think councils can still require both CIL and S106 in some cases. For example the CIL cannot be used to fund affordable housing and the S106 isn't limited to the pooling of five S106 in the case of affordable housing. PS I think self builders are exempt from the CIL and S106 for affordable housing if they meet certain conditions. Edited February 6, 2017 by Temp Link to comment Share on other sites More sharing options...
Temp Posted February 6, 2017 Share Posted February 6, 2017 Lots in here.. http://researchbriefings.files.parliament.uk/documents/CBP-7200/CBP-7200.pdf Link to comment Share on other sites More sharing options...
vivienz Posted February 9, 2017 Share Posted February 9, 2017 (edited) A very interesting post. I suspect that I'll need to get both S106 and the CIL exemption. Our new house will be in North Dorset and they are in the process of adopting the CIL. According to their website, they will start charging CIL towards the end of 2017 and our build won't be finished by then. Forewarned is forearmed. I reckon if we end up with something along the lines of 250 sq m, we could be caught out for an unanticipated £11k or more as they will charge £45/sq m for our location. Eek! Edited February 9, 2017 by vivienz Link to comment Share on other sites More sharing options...
ProDave Posted February 9, 2017 Share Posted February 9, 2017 58 minutes ago, vivienz said: A very interesting post. I suspect that I'll need to get both S106 and the CIL exemption. Our new house will be in North Dorset and they are in the process of adopting the CIL. According to their website, they will start charging CIL towards the end of 2017 and our build won't be finished by then. Forewarned is forearmed. I reckon if we end up with something along the lines of 250 sq m, we could be caught out for an unanticipated £11k or more as they will charge £45/sq m for our location. Eek! I thought these things were agreed at the time of planning. So if you have planning without charges, you are okay. just don't let the planning lapse and have to re apply. Link to comment Share on other sites More sharing options...
Jeremy Harris Posted February 9, 2017 Share Posted February 9, 2017 1 minute ago, ProDave said: I thought these things were agreed at the time of planning. So if you have planning without charges, you are okay. just don't let the planning lapse and have to re apply. They are. If you were granted PP before CIL was adopted then you can't retrospectively be charged, and the same goes for S.106, as an S.106 is a planning condition. It doesn't matter how long you take to finish the build, the main thing is to start work to the point where the build is officially agreed as having started, and get the pre-commencement planning conditions signed off before your current planning permission runs out. You can then spend as much time as you like on the build itself and remain free from any CIL liability. Link to comment Share on other sites More sharing options...
vivienz Posted February 9, 2017 Share Posted February 9, 2017 Thanks, chaps. We've appointed an architectural technicial and he reckons that we need to apply anew for PP as what we want is very different to the existing PP, so by the time we've got through design and PP (if all goes well), it will be full summer when demolition and construction start. Good to know I don't need to worry about the CIL - one less thing. Link to comment Share on other sites More sharing options...
Jeremy Harris Posted February 9, 2017 Share Posted February 9, 2017 If you submit a new planning application then it will be decided on the basis of the policy that applies at the date that you submit it (officially the date the application is accepted as being submitted). This means that if any policies have changed between the date of the current PP and your new application you will be subject to those changes. If nothing has changed in terms of policy, then there's no need for concern, but it's worth checking, especially if the current PP was submitted some time ago. Link to comment Share on other sites More sharing options...
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