Earlier this week, Caroline posted a blog about the draft regulations which will amend the CIL Regulations. One of the changes is to Regulation 40 which deals with the calculation of the amount of CIL payable. The formula (which has caused problems and potential overcharging) is being amended. Overall, the Regulations will be more complicated but hopefully fairer.

One issue which does not seem to have been changed in the offsetting provisions is the need for continuous use for 6 months out of the previous 12 (ending on the day planning permission first permits the chargeable development). There had been talk of this being removed as a requirement - but it looks to me to be staying.

In any event, a few people have said to me that they are starting to wonder whether in certain cases they might be better off waiting for CIL to be adopted in their area. This is particularly the case where there are existing buildings on site and the current floorspace can be used to offset CIL. Take care however that any exit from the site and demolitions are carefully managed in terms of timing if you want to take advantage of this.