Changes to internal layout

[Rachieble]

A rather long and complicated story here, but basically I have acquired a site with extant planning permission for a house that was never built (but where the foundations were started and so it is considered materially commenced). Because the planning permission predates CIL, if we build it exactly as per the plans, we pay no CIL. The internal layout proposed is dreadful and i'd like to make some changes but if I submit a material amendment request then CIL kicks in for the whole build and it would be nearly £100k, so I definitely don't want to do that. I'm struggling to find clarification on whether the planners care about the internal layout or not and whether I can make internal changes without permission for a house that has not been built/signed off yet? Can anyone tell me please? Do I have to build it as planned then make changes afterwards instead? Thanks

[Mr Punter]

If this is self build then you will probably be able to get cil exemption but be very careful as the rules can be inflexible.

Edited 19 hours ago by Mr Punter

[SBMS]

2 hours ago, Rachieble said:

A rather long and complicated story here, but basically I have acquired a site with extant planning permission for a house that was never built (but where the foundations were started and so it is considered materially commenced). Because the planning permission predates CIL, if we build it exactly as per the plans, we pay no CIL. The internal layout proposed is dreadful and i'd like to make some changes but if I submit a material amendment request then CIL kicks in for the whole build and it would be nearly £100k, so I definitely don't want to do that. I'm struggling to find clarification on whether the planners care about the internal layout or not and whether I can make internal changes without permission for a house that has not been built/signed off yet? Can anyone tell me please? Do I have to build it as planned then make changes afterwards instead? Thanks

What’s your approval say? Is it conditioned stating you must build to a drawing that has an internal layout? If yes, by the letter of the law you should apply for a NMA. But who would check? If you change the layout internally in such a way it affects anything external then definitely apply. 
 

weigh up the chances of enforcement (low probably) from shifting a few walls (after all, you’re allowed to post build). 

[mjc55]

Are you likely/able to change the internal layout without affecting size/position of windows/doors?

 

CIL can be a complete pain by all accounts so be very careful.

[kandgmitchell]

Well this is what s55 sub para (2)of the Town and Country Planning Act says with respect to what constitutes development:

 

2)The following operations or uses of land shall not be taken for the purposes of this Act to involve development of the land—

(a)the carrying out for the maintenance, improvement or other alteration of any building of works which—

(i)affect only the interior of the building, or

(ii)do not materially affect the external appearance of the building,

and are not works for making good war damage or works begun after 5th December 1968 for the alteration of a building by providing additional space in it underground;

 

It would seem bizarre that you could be made to build the house exactly as per the approved plans and then having done so, entirely change the internal layout without needing permission. Now that would be one approach perhaps - build the house and then use the £100K saved to change it all again!  I would suggest that internal layout is therefore not on the planners' highest list of priorities and I can't see how such changes during construction would constitute a material alteration.

 

However, materially change the external appearance of what has been approved is another matter and you don't seem to make it clear whether you need to do this to achieve your internal changes.....