Section 73 permissions: carry over of relief and instalments7

1

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

Carry over of relief in relation to certain section 73 permissions58ZA

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.

2

In regulation 7010 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.