The CIOT has made a proactive submission on land remediation relief focusing on one aspect of the derelict land remediation scheme: the qualifying date of 1 April 1998 for land in a derelict state.
Land remediation relief is available for the remediation of derelict land providing certain conditions are met. One of those conditions is that the land has been derelict for a period beginning with the earlier of 1 April 1998 or the date of acquisition of the land by the claimant company. The CIOT questions the rationale for the 1 April 1998 fixed qualifying date which it believes is not entirely clear. If the intention was that relief would be time limited, a clear policy statement to that effect would be helpful. It notes that the legislation empowers ministers to amend the date via regulations, which suggests that was not the intention. The CIOT also points out that providing evidence that the land has been derelict for 24 years is likely to be a challenge in practice, potentially preventing claims that otherwise would meet the underlying policy intent. It believes the 1 April 1998 date should be reviewed. Options might include:
restoring the original 11-year look-back period;
replacing the fixed date with a period of time (for example, a period of 10 years); or
considering a reduced period to help speed up regeneration.
The CIOT has made a proactive submission on land remediation relief focusing on one aspect of the derelict land remediation scheme: the qualifying date of 1 April 1998 for land in a derelict state.
Land remediation relief is available for the remediation of derelict land providing certain conditions are met. One of those conditions is that the land has been derelict for a period beginning with the earlier of 1 April 1998 or the date of acquisition of the land by the claimant company. The CIOT questions the rationale for the 1 April 1998 fixed qualifying date which it believes is not entirely clear. If the intention was that relief would be time limited, a clear policy statement to that effect would be helpful. It notes that the legislation empowers ministers to amend the date via regulations, which suggests that was not the intention. The CIOT also points out that providing evidence that the land has been derelict for 24 years is likely to be a challenge in practice, potentially preventing claims that otherwise would meet the underlying policy intent. It believes the 1 April 1998 date should be reviewed. Options might include:
restoring the original 11-year look-back period;
replacing the fixed date with a period of time (for example, a period of 10 years); or
considering a reduced period to help speed up regeneration.
