As you draft s.106 agreements now, you do so in the knowledge that CIL is in the wings, with the regs likely to be operative on 6th April. Do you know whether the planning permissions granted now, with a s.106, will be caught by CIL? Strangely the draft regs have no transitional provisions. Given that the permission will have been granted taking infrastructure effects into account, and that its unusual to have retrospective taxes we at M&R have been considering drafting which requires planning authorities to repay any CIL they charge in such cases. We have succeeded in getting it accepted in a number of cases.
We'd like to know about other people's experience of this. Who has seen it elsewhere? Does it bother you or your clients?
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