BCP Council (Poole): Matt thought he’d share something a little bit different today. He has recently secured consent for a non-material amendment on a consented scheme for 36 flats which is shortly due to expire. The Developer wishes to make a material start on the approved development to make it extant but does not want to trigger the CIL Payment as he may wish to make further changes to the approved scheme in the future. This application introduces a phasing condition which splits the carrying out of development into two distinctive parts: Phase A- demolition and Phase B – Construction. This would allow for the scheme to become extant upon demolition and only become liable for CIL payments upon construction.
None of the requirements of the conditions in the approved scheme would be lost or change as a result of the addition of the phasing condition now proposed. As such, the proposed amendment would be of no significance to the overall approved scheme. The proposed amendment would allow the developer to implement the consent by demolishing (Phase A) and then hold back the CIL payments to match the relevant phase (Phase B); however, it would not reduce the overall CIL liability. As such, this would be of no consequence to the overall CIL liability.
If you have a consent which is nearing expiry and would like to make it extant but do not want to be hit with a whopping (£325k in this instance) CIL payment straight away, we’d be happy to chat through your options.