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AMENDING A PLANNING PERMISSION: HOW FAR CAN SECTION 73 GO? Odette Chalaby discusses the scope of section 73 TCPA and whether it can be used to amend conditions if the result would be a permission fundamentally different to the original grant. Read more: https://lnkd.in/e7xn6R5v

Another key element to s.73 TCPA1990 permissions is the impact on #CIL or #CommunityInfrastructureLevy with exemptions or relief already granted on the earlier permission are continued (or extended) to the new s.73 permission relating the CIL saving in accordance with Schedule 1 further to SI 2019:1103. Important that always prospective works as seen numerous #LocalPlanningAuthorities #LPAs seek to grant s.73A against an application made under s.73 if consider that any element retrospective... stripping away any previously granted self build exemption. This can significantly increase CIL as not only the loss of exemption, but a new s.73A may calculate CIL without offset if any existing building since demolished and thus no longer eligible for 'offset' so base CIL could be much higher. #CautionPays #TimelyAdvice #LoveSurveying #Residential #SelfBuildExemption Royal Town Planning Institute RIBA RICS The Law Society

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