Section 73 permissions: carry over of relief and instalments
7.—(1) 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.”.
(2) In regulation 70(1) 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.”.
Regulation 70 was substituted by S.I. 2011/987 and amended by S.I.s 2012/2975 and 2013/982.