Nic Posted February 12 Share Posted February 12 Long story… brought land with planning approval. Submitted new application for a change of external dimensions and roof design ( not by much ) but refused and gave the impression you aren’t getting anything other than the design approval. So back to drawing board on original design not changing anything on the size roof extra accepted the original plan and as such submitted the first parts of CIL , not a start date etc . so as we wanted to shift a couple of windows we applied for a 73 minor materials adjustments etc . However planning have said part of the original approval was any changes would need a new application ( even a shed in the garden ) small plot hence their restrictions. so now I have a CIL problem. I thought I would be able to send in the , additional information CIL. Form to cover the moving of widows under the 73 as there is no changes to any dimensions and the CIL. Is calculated on the overall m2 footprint . However this is going to be a new application number etc even though the size is the same . Worst case scenario is I will be liable for the CIL , which is painful but any less painful solutions? Don’t kick my stupidity please 🤦🏻♂️😂 Link to comment Share on other sites More sharing options...
Alan Ambrose Posted February 12 Share Posted February 12 Hmmm, yes in principle caught by 'designed-in CIL jeopardy problem #1', But I think moving windows (as long as they don't impact overlooking) should be a valid section 73. You can always submit a minor changes and appeal if you don't have anything to do for the rest of your life.... >>> part of the original approval was any changes would need a new application Possible to paste up here the text of that part of the decision notice? An informal chat possible with LPA about what is and isn't possible under S73 in your case? This jeopardy problem is becoming a ridiculous catch for self-builders and needs a political intervention IMHO. In hindsight for everyone else .... it suggests getting all the design and other changes in and completely approved before commencing under CIL. 1 Link to comment Share on other sites More sharing options...
Nic Posted February 12 Author Share Posted February 12 (edited) Yes all decisions approved first … @Alan Ambrose s73 proposal already informally spoken about and needs to go back through planning 🤦🏻♂️ they are being very fussy Edited February 12 by Nic Link to comment Share on other sites More sharing options...
Alan Ambrose Posted February 12 Share Posted February 12 OK maybe time for a planning consultant then? You've certainly got the budget for it now. Do you have any other options other than (a) forget the changes, (b) challenge the LPA's S73 judgement, (c) pay the CIL? I vote for taking your best shot at (b) - i.e. you or your architect talk your way up the chain of command or use a consultant to make the application / talk with the LPA. Just one other thought - there has been at least one other case on BH where the architect has pushed for another full application without apparently realising the CIL implications. Does your architect understand the implications of another full application? 1 Link to comment Share on other sites More sharing options...
Nic Posted February 12 Author Share Posted February 12 1 minute ago, Alan Ambrose said: OK maybe time for a planning consultant then? You've certainly got the budget for it now. Do you have any other options other than (a) forget the changes, (b) challenge the LPA's S73 judgement, (c) pay the CIL? I vote for taking your best shot at (b) - i.e. you or your architect talk your way up the chain of command or use a consultant to make the application / talk with the LPA. Just one other thought - there has been at least one other case on BH where the architect has pushed for another full application without apparently realising the CIL implications. Does your architect understand the implications of another full application? a, is not an option i will ask the architects to push b as c is going to be painful thanks again Link to comment Share on other sites More sharing options...
Alan Ambrose Posted February 12 Share Posted February 12 Another thought - you could put in the S73 on the current application and the new full application at the same time. That way, you don't lose the same time that you would lose if you did them sequentially. Depending on your LPA, the time for S73 + appeal (say 2 + 4 months ) might be about the same as the full application anyway. Link to comment Share on other sites More sharing options...
Nic Posted February 12 Author Share Posted February 12 (edited) 1 hour ago, Alan Ambrose said: Another thought - you could put in the S73 on the current application and the new full application at the same time. That way, you don't lose the same time that you would lose if you did them sequentially. Depending on your LPA, the time for S73 + appeal (say 2 + 4 months ) might be about the same as the full application anyway. Yes agreed this may well be the way forward with a strongly worded s73 ….know anyone you can recommend who can write a good s73 ? Edited February 12 by Nic Link to comment Share on other sites More sharing options...
Alan Ambrose Posted February 12 Share Posted February 12 If your LPA portal has a good search mechanism - maybe run a search on successful S73s and see who is a consultant and gets good results? Then you've got someone local, with a few LPA contacts and a reputation 1 Link to comment Share on other sites More sharing options...
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now