The recent judgment of the High Court in the Oval
Estates case has highlighted the importance to developers in
settling CIL phasing strategies early on in the planning process
and not relying on retrospective action.
The community infrastructure levy (“CIL”) is payable
on chargeable developments. Where a planning permission is
expressly stated to be phased, each phase of the development is
treated as a separate chargeable development for CIL purposes,
meaning the CIL bill can be broken down into smaller payments.
In this case, on 2 March 2016, the charging authority granted
outline permission for a residential development. The planning
permission wasn’t phased.
The reserved matters consent, granted on 6 April 2017, approved
a drawing which identified three phases of development.
