RE: CIL Annexes Discussion - Public forum - Planning Advisory Service (PAS)
RE: CIL Annexes Discussion
Hi All,
Recently we have come into a few disputes over whether an Annexe compromises a dwelling or not.
We have been operating under the assumption that if an Annexe has the capability of creating a new dwelling then it has the potential to be liable for CIL regardless of whether it is below 100sqm or not. We have been judging this capability based on whether an Annexe would allow for indepent living i.e. separate entrance, kitchen, bedroom, bathroom and living space.
A 'dwelling' is defined in the CIL Regulations as "a building or part of a building occupied or intended to be occupied as a separate dwelling".
The argument has been made that an Annexe which is not intended to be occupied independently and is subject to a restriction in occupancy cannot be defined as a dwelling based on the CIL Regulations definition.
I was hoping others could contribute into this discussion on how they have been dealing with annexes as it seems to be quite a prominent CIL debate for us but i haven't seen much discussion on the topic elsewhere.
Thanks in advance for any and all repsonses
REBECCA STADDON, Addaswyd 7 Years yn ôl.
RE: CIL Annexes Discussion
Advocate Postiadau: 103 Dyddiad Ymuno: 05/09/2013 Bostiadau diweddarAlec,
I work along the same lines that annexes are dwellings and CIL liable regardless of size.
This is, I believe, underlined by Regulation 42A (2) which states ' The development is a residential annex if it (a) is wholly within the curtilage of the main dwelling; and (b) comprises one new dwelling.'
I tend to quote this to agents when questionned.
Rebecca