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ARTICLE · 10 MARCH 2020

Just A Phase? CIL Starts Need Care

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The High Court's decision in R (Oval Estates (St Peter's) Ltd) v Bath & North East Somerset Council highlights the need to get phasing right

United KingdomReal Estate and Construction

The High Court’s decision in R (Oval Estates (St Peter’s) Ltd) v Bath & North East Somerset Council highlights the need to get phasing right. It also highlights reciprocity and new routes of challenge where charging authorities drag their feet.

Flexible system

The ability to phase planning permissions – and so stagger CIL liability – came into force for detailed, as well as outline, permissions in February 2014.  This allows real flexibility in how CIL liability is triggered, recognising that CIL Starts Can Be Punishing.

Each ‘phase’ of a development will be a separate chargeable development under the CIL Regulations, where the planning permission expressly provides for development to be carried out in phases. 

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