Draft Regulations (not yet in force) have been laid which seek to address the s73 double counting issues which currently occur with CIL.

The 2012 Amendment Regs will deal with this by inserting a further transitional provision, which will provide that where planning permission is granted for a development before a CIL charging schedule is in place, but a further permission is granted "in relation to the development" pursuant to s73 aftera charging schedule comes into effect, CIL liability will arise in relation to that second consent but there will be an offset to the value of any CIL which would have been payable if the development was first permitted by the original consent on the same date that the s73 consent first permitted it.

This sounds typically complicated for CIL, but the position appears to be that if the s73 consent does not result in an increased floorspace compared to the original consent, no CIL will be payable.

The draft Regulations also tidy up some administrative issues and 'correct some errors' in relation to the Reg 40 calculation (relating to the demolition/retention of existing buildings) and the social housing relief calculation. We will post again on those points shortly.