Outline planning permissions will be liable to pay CIL but the liability is calculated at Reserved Matters stage. As such, there is no need to submit any CIL forms with an outline application. If an outline application includes phasing of development, each phase is treated as a separate development for the purpose of paying CIL. The CIL liability for each phase is calculated at reserved matters stage for that phase.
If a scheme is granted outline planning permission before CIL was implemented on the 1st March 2021, the subsequent approval of reserved matters will not trigger a liability for CIL.
Section 73 applications
Applications received by the Council which seek to vary a condition of a CIL liable planning permission (Section 73 application) may require a recalculation of the CIL payable where there is a change in floorspace from the original permission. In these cases the Council will recalculate the CIL liability in accordance with Schedule 1 Part 2 of the CIL Regulations.
Section 73 applications which seek to vary the condition of a permission granted before the CIL Charging Schedule came into effect may become CIL Liable. In these cases the Council will calculate any CIL liability in accordance with Schedule 1 Part 4 of the CIL Regulations.
Further guidance can be found on the government website
Implementing a different permission
Where a development has commenced and the Council has permitted a different permission on all or part of the development site, the person(s) who have assumed liability can request that the Council credits any CIL paid in relation to the commenced development against any amount due under the different permission. This can only be considered where the person(s) who have assumed liability notify the Council that the commenced development will cease to be carried out and that the different permission will commence. Notification must also be received before the different permission commences
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