CIL Trigger

[deancatherine09]

Hi all,

 

We completed on a plot with full PP a few weeks back.

 

We are in the process of getting the services to site and need to dig a narrow trench to lay the pipework before the water board will connect us.

 

We are also going back to planning to amend the design of the house, and hope to put a new PP application in within the next month.

 

My question is, should I be applying for the self build exemption based on the current planning, in order to dig these trenches and get the pipes installed? Will these work trigger the CIL liability?

 

I had hoped to wait and apply for the CIL exemption when we had the new PP, but I don't obviously want to breach the conditions now.

[Big Jimbo]

I don't know but be careful. If you do by any chance ring the council cil dept to check. Make sure that you get them to put in writing whatever they say to give you some protection.

[newhome]

1 hour ago, deancatherine09 said:

My question is, should I be applying for the self build exemption based on the current planning, in order to dig these trenches and get the pipes installed? Will these work trigger the CIL liability?

Yes any start will trigger the CIL liability. Do not put a spade in the ground before you have the exemption and the council have confirmed they have received your commencement notice. 

[Haylingbilly]

I am in a similar situation. Agree with Big Jimbo - speak to CIL department and put it in writing to them to confirm conversation.

You can commence one scheme and then serve a new commencement notice should you get another scheme approved.

But you cannot commence either before discharging any pre commencement conditions

I believe you can put the services in before commencement, that's what my council advised me - but unless you have it in writing from your council, I wouldn't do it!

If you do serve notice and do any work which the council consider to be based on your new scheme and not applicable to your existing scheme then you will be considered to have started the new scheme without serving your commencement notice and will become liable.

 

This CIL liability keeps me up at night!

 

[deancatherine09]

Thanks all. You've confirmed my concerns. To further complicate matters, the old owner of the site (who got the PP) has already done the self build exemption for the site, so now I need to work out how to transfer it over to me. I can't do the transfer form as it needs signing by him, so will have to try and assume liability from scratch myself and then re-apply for the exemption - hopefully that will work. 

 

 

[newhome]

You are lucky that he hadn’t made a start as you probably wouldn’t be eligible for an exemption in that scenario. Do speak to the CIL team and talk through what you want to do, and put confirmation of the discussion in writing afterwards. You can’t afford to get anything wrong with this.