CIL Liability - Public forum - Planning Advisory Service (PAS)
CIL Liability
Suraiya Ferdous, modified 1 Year ago.
CIL Liability
New Member Posts: 13 Join Date: 16/03/23 Recent PostsHi All,
I have a query if anyone could help please.
Residential extension was being used as a separate dwelling without planning permission. Then they applied for CLEU application to regularise lawfulness. Would that be liable for CIL as the existing use (separate dwelling) wasn't lawful and chouldn't get in-use discount?
Sue Langford, modified 1 Year ago.
RE: CIL Liability
New Member Posts: 7 Join Date: 15/05/20 Recent PostsHello Suraiya,
I thnk it would depend on when it was last in lawful use. If the unauthorised use was only recent, it might still have been in lawful use for the requisite 6 months within the 3 years leading up to the day that the cert of lawfulness was issued (assuming it was). I'd want to see proof, like contracts of letting. or utility bills etc, or maybe Council Tax if thats available.
Suraiya Ferdous, modified 1 Year ago.
RE: CIL Liability
New Member Posts: 13 Join Date: 16/03/23 Recent PostsHi Sue, thank you! They were not in lawful use, however there was no planning permission for change of use from residential extention to separate dwelling, that's why this is so confusing. They submitted council tax bills as part of their CLEU application but the development was not lawful for that matter. That means, it was in-use but not lawfully.
Kirstin Roberts, modified 1 Year ago.
RE: CIL Liability
New Member Posts: 11 Join Date: 28/01/22 Recent PostsMorning,
It was my understanding if the CLEU is approved then it is not CIL Liable as it is not classed as development. However if it were a planning application it would be retrospective and would be fully liable. I am happy to stand corrected if anyone else want to chip in.
Kirstin
Suraiya Ferdous, modified 1 Year ago.
RE: CIL Liability
New Member Posts: 13 Join Date: 16/03/23 Recent PostsHi Kirstin, thanks for your input. That's what I am puzzled about and exactly is the point. That means this is a loophole, right? that developers can be unlawful for certain period of time (4 years in this case) and then pay no CIL for a development that is not considered as development, however, if they followed lawful planning procedure, they needed a planning permission for that change of use. I was looking for any CIL regs containing unauthorised development but couldn't find anything that coveres it. So, probably we just have to let this go!
Suraiya
Kirstin Roberts, modified 1 Year ago.
RE: CIL Liability
New Member Posts: 11 Join Date: 28/01/22 Recent PostsI agree totally a loophole. I had a situation very similar in January, but the applicant had pot in an application rather than going to a CLEU. They had coverted an annex to a Holiday let in 2016 and as it was retrospective and had not been in its lawful use for 6/36 they had to pay CIL (understandably they were not happy and are currently appealing). Had they gone down the CLEU route there would havve been no liability. Crazy
KIrstin
Suraiya Ferdous, modified 1 Year ago.
RE: CIL Liability
New Member Posts: 13 Join Date: 16/03/23 Recent PostsHi Kirstin,
I wonder if anything happened with the appeal for retrospective holiday let from annex?
Kirstin Roberts, modified 1 Year ago.
RE: CIL Liability
New Member Posts: 11 Join Date: 28/01/22 Recent PostsMorning Suraiya,
I haven't heard anything yet but will check and update you when I do.
Kirstin