CIL Appeal Success: Strategic Planning Saves £150,000 on Ascot Residential Scheme
The Challenge
ET Planning was instructed to provide planning advice on a small residential scheme in Ascot involving the demolition of one dwelling and the construction of two new homes. The primary challenge related to the Community Infrastructure Levy (CIL) and how its liability would be calculated across the two proposed plots. The planning strategy involved submitting a Section 73 application to vary the original permission, allowing the development to proceed in a specific phased manner. The aim was to: Maximise use of the existing building’s floorspace to reduce CIL liability. Secure a self-build exemption for the second plot, which would eliminate CIL liability entirely on that unit. The Royal Borough of Windsor and Maidenhead disputed this approach and issued a CIL liability notice of over £100,000—spreading the discount across both plots. This significantly undermined the client’s position and risked overpayment by tens of thousands of pounds.
Our Approach
ET Planning appealed the Council’s decision on behalf of the client, providing a clear interpretation of the CIL Regulations and setting out a phased development strategy that complied with national guidance. Phased strategy through Section 73: We structured the permission to establish two clear development phases. The first phase would benefit from the CIL offset related to the existing dwelling’s floorspace. CIL regulations interpretation: We argued that the regulations require any existing floor area to be deducted from the first phase in full, with any surplus applied to subsequent phases—not divided across all plots arbitrarily. Self-build exemption: The second unit was designed and delivered as a self-build, meaning it was eligible for full CIL exemption, subject to meeting the qualifying conditions. Appeal submission: Our CIL specialist prepared a detailed appeal, and the Planning Inspector agreed with our interpretation, reducing the CIL liability to approximately £45,000—down from over £100,000. Overall, the phased approach and appeal strategy saved the client an estimated £150,000 in CIL liability. Need advice on reducing CIL liability through planning strategy? Contact ET Planning to speak with our CIL specialists about saving costs on your next project.
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