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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - February

Annex to Separate Dwelling - Query if it is a disqualifying event

Jen Parker, modified 1 Year ago.

Annex to Separate Dwelling - Query if it is a disqualifying event

New Member Posts: 9 Join Date: 20/10/11 Recent Posts

Hi, We have got a case whereby permission was granted to convert a garage to ancillary residential accommodation and an annex exemption was granted. All relevant paperwork has been submitted to date (Form 2, form 8 and form 6). The development commenced in Feb 2021 and at present it hasn't completed.

They have now submitted an application to change the use from ancillary accommodation to a separate dwelling. Obviously this is CIL Liable in it's own right, and they won't be able to deduct the existing floorspace as it hasn't lawfully been in use yet as it is not complete, however, could this be classed as a disqualifying event under Regulation 42C and therefore have to pay the CIL charge? 

If anyone has any experience of a similar case or if you have any thoughts, it would be great to hear from you.

Thanks.