Pre-commencement conditions
Legislation with effect from 1st October 2018 requires LPAs to obtain the written agreement of the applicant before imposing pre-commencement conditions on a planning permission. In addition, the LPA must notify the applicant in writing of its intention to impose a pre-commencement condition. The applicant has to respond to the LPA’s notice before the end of 10 working days (commencing from the day after the date on which the notice is given). If no response is made then the LPA may proceed to impose the pre-commencement condition. In practice this will allow applicants to refuse the imposition of such conditions where it is considered that they are unwarranted or impractical; this discussion could delay the issue of planning permission.
Community Infrastructure Levy
Cheshire East Council is currently in the process of adopting a Community Infrastructure Levy (CIL). CIL is a fixed rate charge per sqm of new development which applies to eligible types of new development, where planning permission is granted after the adoption of CIL. Cheshire East Council has produced a FAQ on CIL, which is available via the following web link:
The Council is proposing the following CIL rates:
Maps showing the charging zones can be found in the Council’s draft Charging Schedule, which is available via the following web link: http://cheshireeast-consult.limehouse.co.uk/file/4994051
It is difficult to estimate precisely when CIL will be adopted, not least because the draft charging schedule is currently subject to objections from various parties (including Emery Planning). However the Council currently hopes to adopt CIL by the end of the year or early 2019.
If you have any questions or queries in relation to CIL, or require any advice in relation to how it relates to your development proposals / land interests, please do not hesitate to contact us.
