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CIL and pre-development conditions + BC

Glenn
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Glenn Member

Glenn

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Hello

 

My apologies for a dumb question but I'm a little paranoid when it comes to CIL. Context is a agricultural building conversion

 

1. I have my CIL self-build exemption in place

2. I have submitted my evidence for satisfying the pre-development conditions set under the granted planning permission. Paid the fee etc, and of course it's another 10 weeks before the council will confirm the conditions are satisfied. As far as I can see none of the planning conditions require a planning officer site visit. (Putting aside whether or not pre-commencement conditions should even be allowed these days...)

 

I'd like to crack on with prep work for the build if I could - in the demolition category things like stripping interior panels, in the ground works category, maybe digging drains, sewage treatment plant

 

My questions are::

1) I submit my building commencement notice to BC. How much am I pushing the rules in terms of planning  or storing up problems for later? So BC and planning team coordinate and look at dates like that?

2) I submit my CIL Form 6 commencement notice form. Ditto with CIL and planning. Is there a problem that the CIL commencement notice is sooner tan the satisfaction of the pre-deal commencement conditions? What am I risking? Any interaction do you think at any stage?

 

Regards

Glenn

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PeterW Advanced Member

PeterW

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What are your pre-commencement conditions ..??

 

BC won’t talk to planning in my experience. Less so if you use private BC..!!

 

If you have received your CIL confirmation then issue the commencement, wait a week then crack on with stuff that isn’t linked to the conditions. 

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LSB Regular Member

LSB

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I submitted my CIL commencement at the same time as submitting the plans to satisfy the conditions, CIL replied by email same day saying, great thanks.

I don't think the timing matters, just make sure that it's done before you do anything.

 

We are converting an old agricultural barn and started clearing the site whilst waiting for the conditions to be discharged.  Taking apart doesn't seem to be a problem, building anything may be a problem in my experience, so don't do those drains, but interior panels should be okay.

 

By the way my conditions were discharged in 3 weeks, they just wanted a Phase 2 contamination survey, which found nothing so I guess they just looked and did it then, so it may not be as long as you think.

 

 

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Glenn Member

Glenn

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I do have a private BC, so that's promising

 

Pre-commencement conditions are the usual Phase 2 contamination survey, along with confirmation of FFL on architect's plans (flood zone). Crossed fingers that 3 weeks is near the norm than 10!

 

I think I will submit my CIL commencement asap. Not sure about building commencement notice, so any guidance welcomed

 

Many thanks again for your responses, really appreciated

 

Regards

Glenn

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LSB Regular Member

LSB

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5 hours ago, Glenn said:

I do have a private BC, so that's promising

 

Pre-commencement conditions are the usual Phase 2 contamination survey, along with confirmation of FFL on architect's plans (flood zone). Crossed fingers that 3 weeks is near the norm than 10!

 

I think I will submit my CIL commencement asap. Not sure about building commencement notice, so any guidance welcomed

 

Many thanks again for your responses, really appreciated

 

Regards

Glenn

have you had your phase 2 done?

that did take ages for us as they had to monitor gas for 3 months.

flood zone didn't affect us as we are at the top of a slope, the valley we look at is flood plain, but we are 6m higher than that luckily.

 

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Glenn Member

Glenn

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Sorry for the slow response. Yes, phase 2 done and submitted. No suggestion of gas, just test holes dug, soil analysed. It was a typically precautionary process, only done because the building to be converted is on the edge of an old farmyard. No real contamination, chemicals/oil/diesel etc. Just a box-ticking exercise and more money handed over for nothing.

Regards

Glenn

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LSB Regular Member

LSB

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2 hours ago, Glenn said:

Sorry for the slow response. Yes, phase 2 done and submitted. No suggestion of gas, just test holes dug, soil analysed. It was a typically precautionary process, only done because the building to be converted is on the edge of an old farmyard. No real contamination, chemicals/oil/diesel etc. Just a box-ticking exercise and more money handed over for nothing.

Regards

Glenn

our barn using to be part of an intensive pig rearing unit, so same thing, concern that as it used to be a farm there might be something there, but nothing found.

There main concern, hence the gas monitoring, was what the piggies leave behind.

 

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Haylingbilly Regular Member

Haylingbilly

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Glenn and other buildhubbers, I would suggest proceeding very carefully with regard to CIL and starting without discharging conditions. I have got myself in quite a situation by starting before discharging all my conditions. I also have a Section 73 variation of conditions (different drawings going on) which will impact the CIL. It is not looking good for me to be able to claim self build exemption.

 

I demolished a building when there was no active planning permission (there was a lapsed permission and my current one was going to appeal) and I was renovating a garage under permitted development. Both of these could potentially make me liable for CIL. Am having to pay through the nose for legal advice to find a way forward.

 

Am sure most people can get away with it, but I am in Waverley in Surrey and our CIL is a mouth watering £455.44 a square meter!

 

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LSB Regular Member

LSB

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23 minutes ago, Andy brown said:

Glenn and other buildhubbers, I would suggest proceeding very carefully with regard to CIL and starting without discharging conditions. I have got myself in quite a situation by starting before discharging all my conditions. I also have a Section 73 variation of conditions (different drawings going on) which will impact the CIL. It is not looking good for me to be able to claim self build exemption.

 

I demolished a building when there was no active planning permission (there was a lapsed permission and my current one was going to appeal) and I was renovating a garage under permitted development. Both of these could potentially make me liable for CIL. Am having to pay through the nose for legal advice to find a way forward.

 

Am sure most people can get away with it, but I am in Waverley in Surrey and our CIL is a mouth watering £455.44 a square meter!

 

I thought ours was bad enough at £200 sqm

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