Regulation 7 Section 73 permissions: carry over of relief and instalments

After regulation 58, within Part 6 of the Regulations, insert—

“Carry over of relief in relation to certain section 73 permissions

58ZA.

(1)

Where—

(a)

any relevant relief has been granted in relation to a development (D);

(b)

planning permission (B) is later granted under section 73 of TCPA 1990 in respect of that development; and

(c)

the amount of the relevant relief calculated in accordance with this Part of the Regulations that the development is eligible for has not changed as a result of B,

anything done in relation to an application for the relevant relief made in relation to D is to be treated as if it was done in relation to the development that B relates to.

(2)

In this regulation “relevant relief” means—

(a)

an exemption for residential annexes or extensions;

(b)

an exemption for self-build housing;

(c)

charitable relief;

(d)

social housing relief.”.

In regulation 70^f1 after paragraph (8) insert—

“(9)

Where—

(a)

the amount of CIL in respect of a chargeable development which is granted planning permission is payable in accordance with an instalment policy; and

(b)

a new planning permission (B) is later granted in relation to the development under section 73 of TCPA 1990,

then the amount of CIL in respect of the development granted by B is payable in accordance with that instalment policy.”.