Hi all,
Any advice on this would be much appreciated please as i'm struggling to accept that this could be such a huge loophole!
We have a prior approval CIL case (office to resi) that we have found out is complete and we were never served the NCD (CIL form 5.)
The prior approval 'first permits' date is therefore the date that the CA serves the NCD to the last person.
Therefore, the in-use test has to be taken from this date.....as the development is complete and has been used as resi for more than 6 months, this means it will pass the in use test - is this correct please?
I've also got another case where I suspect that they've purposely 'leased' the building out for 6 months prior to serving us their NCD in order to get the in use CIL credit.
Has anyone else experienced this please?
Thanks, Carmel
