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Planning Advisory Service (PAS)
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CIL - Demolition of "in use" buildings

Former Member, modified 8 Years ago.

CIL - Demolition of "in use" buildings

I am interested to hear how other charging authorities are dealing with cases where an "in use" building that straddles the boundary of an application site is to be demolished. Is it common practice for an allowance to be given for only that part of the building that is within the footprint of the application site (which I think is the logical and correct approach). Or is an allowance being given for the whole building if only a small part of its footprint extends beyond the application site?.  
Former Member, modified 8 Years ago.

RE: CIL - Demolition of "in use" buildings

Tony, we have not had that circumstance yet - but  my view is that only the floorspace  of the "relevant building" that is on the "relevant land" i.e. the land within the red line which the planning permission relates to,  should be discounted against the CIL liability.

 

If the applicant disagrees the worst case scenario is that they appeal to the VOA and the issue is clarified though case law.

 

Alison

REBECCA STADDON, modified 8 Years ago.

RE: CIL - Demolition of "in use" buildings

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

Tony,

I have had this situation twice here at TDBC and on both occasions I have only deducted the floor area that is within the red line area of the site in question.

Rebecca