The amendment of the CIL regulations to remove the current unsustainable double charging position, which arises where a consented scheme needs to be varied to accommodate necessary adjustments, will be welcomed by the development industry.

There is no doubt that the previous position effectively mothballed a number of schemes. The recently reactivated Landsec Victoria proposal is evidence of this.

A word of caution, however. Clients who rely upon a section 73 consent to increase the size of the originally consented scheme will be caught by a CIL requirement with the "chargeable amount" being calculated by reference to the additional floorspace approved by the section 73 consent if it exceeds the 100sq m threshold.

The moral of the story - wherever possible, limit section 73 adjustments for schemes approved prior to the introduction of a charging regime to matters other than floorspace increases if you want to avoid being caught by CIL.