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Q&As
CIL Exemption – What’s the Right Procedure for My Build?
Hi,
Firstly, apologies in advance for my long winded question! We have been informally told that our planning application for our new build house will be accepted. Although this process should have have taken 8 weeks, we are now in week 18 and still haven’t had confirmation of approval.
Prior to this we’ve had a rejected application and a refused appeal on the grounds of massing. So we’ve been waiting a VERY long time and my patience is wearing thin.
My question is, can I apply for my CIL exemption (FORM 6 & 7 I believe) once planning is granted and start demolition on receipt of the exemption?
We also need to put in an amendment for the addition of a garage and garden room, but this should fall under permitted development.
I understand that I’d still need a CIL exemption for this, too, but could I not apply for it once the permission is granted rather than delay the demolition process until the amendment is is accepted?
Many thanks.
One Answer
It’s important to note that you cannot take advantage of permitted development rights until your build is complete and the property occupied. This assumes that your permitted development rights are not removed via a planning condition (which is quite common). If you want to build all in one go, you’ll need to change the permission granted, so you’ll have to apply to amend the permission.
On CIL, it is essential that you apply for the self-build exemption before you start any work at all. So do not start to implement the first permission. Instead, wait until you secure the amendments you want, then apply for the CIL exemption, then start work once the exemption is granted.
Mike Dade (Build It planning expert)