Exemption in respect of developments granted outline permission
14.—(1) A person shall be exempted from liability to pay any development charge under section 35 of the Act for any development of land authorised before, on or after 1st March 2001, up to the amount determined in accordance with paragraph (2) and subject to paragraph (3), if the following conditions are satisfied:
(a)
outline permission has been granted under section 18 of the Act for the development —
(i)
before 1st March 2000; or
(ii)
on or after 1st March 2000 pursuant to an application for such permission made before 1st March 2000;
(b)
the planning permission or conservation permission for the development is granted pursuant to an application for such permission made during the validity period of the outline permission; and
(c)
where provisional permission has been granted for the development pursuant to the application for planning permission or conservation permission, the validity period of the provisional permission has not been extended more than once.
(2) The exemption shall be for up to the amount of development charge determined in accordance with the formula (D1 - D2) where —
(a)
“D1” is the amount of development charge as determined for the development in accordance with the Planning (Development Charges) Rules (R 5) in force on —
(i)
where provisional permission has been granted for the development, the date of the provisional permission; or
(ii)
where no provisional permission has been granted, the date of the interim order issued under section 38(2) of the Act in respect of the development; and
(b)
“D2” is the amount of development charge as determined for the development in accordance with the Planning (Development Charges) Rules in force on the date of the outline permission granted for the development.
(3) The exemption in paragraph (1) shall only apply if the amount obtained for D1 is more than the amount obtained for D2.