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.