CIL and garage courts

Planning Advisory Service (PAS)

Ouvert | En cours - juillet 2012 | Dernière modification - Hier

Mark Worringham, modifié il y a 9 années.

CIL and garage courts

New Member Publications: 6 Date d'inscription: 21/04/15 Publications Récentes

In Reading, we have fairly regular developments of courts of garages for residential. We have recently introduced CIL, and this is already raising some issues about how CIL applies to these cases.

I am fairly happy that the garage floorspace (if 'in-use') will count towards the demolition total (E) as it does not really satisfy any of the exclusions in Regulation 40 (11) .

However, I'm slightly confused by what would count as the 'building' for the purposes of defining whether it is in use or not. I can imagine that in many cases, some of the garages will have been in lawful use for six months of the three year period, and others will not have been. So does the 'building' mean the whole garage block or terrace? Or does it mean each individual garage? If the building means the terrace of garages, then it only needs one of those garages to be in use for the whole floorspace to be discounted from the CIL liability as I understand it. I suspect this is the right interpretation, but does anyone else have any views or experience?

Former Member, modifié il y a 9 années.

RE: CIL and garage courts

Hi Mark,

This is not an issue that we have had to contend with yet. In the case of a terrace of houses, each house would be a seperate building for CIL demolition purposes. I wonder therfore whether the same principal sould be applied to a block of garages especially if they are owned individually.

Javaid Ashraf, modifié il y a 9 années.

RE: CIL and garage courts

New Member Publications: 6 Date d'inscription: 17/10/14 Publications Récentes

I think this would depend on the circumstances of the individual garages and how they are treated for the purpose of the planning permission. (ie the site location)

If for example a range of garages were demolished and some of them were in use and some were not in use within the required period for the purpose of crediting floorspace, and this was replaced by a new development for which the credit is to apply, I would consider the total floorspace of the garages as a whole as credit even though some of them may not have been in use individually.

If some of the garages were not demolished and only some I would consider the total demolished garages as floorspace credit only if the ones that were in use were demolished, but not if the ones in use were not demolished.

All depends on the circumstances of the case I guess, but hopefully this helps further. Of course others may interpret this differently.