Action taken by ET Planning saves developer £40K

Case Studies

Action taken by ET Planning saves developer £40K

A developer in Wokingham has saved more than £40,000 after ET Planning spotted technical differences relating to CIL (Community Infrastructure Levy) liabilities between different planning application types.

The developer had previously received planning permission for three new build properties in the Wokingham area. As development took place, one of the three properties had a ground floor extension added, whilst the other two properties had a loft conversion with windows added. These modifications were therefore variations to the original plans and needed planning approval before the properties could be sold by the developer.

As a result of changes made to previously approved plans, the developer had submitted a new (retrospective) planning application for the three new properties in Wokingham at the request of the Council, but was then faced with a significant increase in CIL liability.  ET Planning was asked to help at this point. ET planning understood that the application type requested by Wokingham Borough Council would incur considerably more CIL fees than another type of form which could vary the originally approved plans.

The original planning application included considerable CIL fees which are charged per square metre for each property That had already been paid by the developer. A full application would mean that the changes made to the original plans would incur a new full CIL liability for the entire floor area of the properties under the new financial year rates – higher than the previous financial year, and despite a CIL liability having already been paid. ET Planning advised the developer and the Council that a variation of condition (approved plans) application would be more appropriate in this case, meaning any CIL fees incurred as a result of the changes would be quoted at the previous financial year tax rates, when the original application was submitted and approved and the CIL liability already paid would count towards the liable sum.

The Council agreed to the submission of a variation application form which saved the client over £40,000. The client has also now received the retrospective planning permission.

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