Regular readers of this blog will know that we have previously drawn attention to the possibility of developments being burdened with both a full 106 package and CIL. This may arise where planning permission is obtained before CIL is adopted in the area - and so has a full set of s 106 obligations, but is later "varied" under a s 73 application granted after CIL is adopted.
The original permission is free from CIL, given the timing of it. The intention of the CIL Regulations is also to exempt the s 73 permission - but the wording of the relevant regulation is such that this intention is not achieved. So double liability is a real risk.
We read in Planning earlier this week that DCLG has announced its intention to close down this problem with amendments to the CIL Regulations due in October 2012.
The other issues on the list for inclusion in this next round of CIL Regulation amendments (but which in part depend on the outcome of recent consultation) include whether to allow CIL to fund affordable housing, how to ensure that a "meaningful proportion" of CIL goes to the local community and the recently announced allowance for self build housing.