Q&As

What happens if a development's Gross Internal Area's Square Metres (and thus its chargeable amount) is altered by an application under section 96A of the Town and Country Planning Act 1990?

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Produced in partnership with Harriet Townsend of Cornerstone Barristers
Published on LexisPSL on 17/05/2022

The following Planning Q&A produced in partnership with Harriet Townsend of Cornerstone Barristers provides comprehensive and up to date legal information covering:

  • What happens if a development's Gross Internal Area's Square Metres (and thus its chargeable amount) is altered by an application under section 96A of the Town and Country Planning Act 1990?

What happens if a development's Gross Internal Area's Square Metres (and thus its chargeable amount) is altered by an application under section 96A of the Town and Country Planning Act 1990?

As soon as practicable following the grant of planning permission, a collecting authority must issue a liability notice (stating the chargeable amount) and serve it as required by the Community Infrastructure Levy Regulations 2010 (CIL Regulations), SI 2010/984, 65.

An application for a non-material amendment of that planning permission may be made under section 96A of the Town and Country Planning Act 1990 (TCPA 1990) and there is no legal reason why it should not have the effect of altering the chargeable amount, provided of course that the amendment is (in planning terms) not material. Unlike an application under

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