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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

RE: 25% Neighbourhood Portion - when does it bite

Daniel Hudson, modified 7 Years ago.

25% Neighbourhood Portion - when does it bite

Advocate Posts: 121 Join Date: 25/04/12 Recent Posts

We are likely to have our first neighbourhood plan in place early next year.

I am trying to understand the transitional process by which the 25% enhanced neighbourhood contribution kicks in.

It is clear that 25% of the CIL receipts are payable to the parish on any development approved after the adoption of the Neighbourhood Plan.

As I understand it, 25% means 25% of the total incoming CIL receipt during the six month period arising out of development within the Parish.

As far as I can see this is irrespective of whether the development generating the CIL payment was approved before or after adoption of the Neighbourhood Plan. Regulations do not seem to require that  'relevant development'  be granted with an adopted neighbourhood plan was in place.

A second consideration is whether, in calculating the neighbourhood contribution within a six month period during which a neighbourhood plan was adopted, one would apply the 25% to all receipts for the whole half year or whether one would distinguish between receipts received before the date of adoption (15%) and receipts received afterwards (25%).

This question is of great interest to some of our parishes preparing neighbourhood plans.

Simon Anstey, modified 7 Years ago.

RE: 25% Neighbourhood Portion - when does it bite

Enthusiast Posts: 74 Join Date: 17/07/15 Recent Posts

Dan, This information from the Planning Practice Guidance shows that the 25% payments can only be made on developments which have planning permission granted after the Neighbourhood Plan has been made.

Simon

Former Member, modified 7 Years ago.

RE: 25% Neighbourhood Portion - when does it bite

Yes

 

This reflects Reg 59A (11) of the Regs which makes it clear that the NP has to be in place prior to the time at which planning permisison first permits that development.

 

Alison

Former Member, modified 7 Years ago.

RE: 25% Neighbourhood Portion - when does it bite

Regulation 8 deals with the time at which planning permission first permits the development.  We have some sites that were granted outline permission before the adoption of a neighbourhood plan but will still be entitled to 25% because the Reserved Matters applications for the phased development will come in after the adoption of the Neighbourhood plan.