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Planning Advisory Service (PAS)
Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - May

CIL and dual use

Former Member, Addaswyd 11 Years yn ôl.

CIL and dual use

What is the situation where (say) units in a mixed development are called off on a notice of chargeable development and drawings supporting same as 'B1/A1 commercial units' and different CIL rates apply for B1 and A1 space (in the case in point, B1 space is zero). The obvious answer would be apply 50% of the area to each, however this is just the Regulation of common sense speaking not the CIL Regs themselves which are silent on the matter. The Regs refer to 'intended use' and here the intention is an either/or. Any views?
Former Member, Addaswyd 11 Years yn ôl.

Re: CIL and dual use

In my view, the only way to deal with it is to word the Liability Notice in the alternative and also state how a mixed use situation would be dealt with. By the time the demand noice is issued the intended use will be known and the correct, single, figure for the CIL liability could be shown.
Former Member, Addaswyd 11 Years yn ôl.

Re: CIL and dual use

Sorry, CIL is not my bag (at the moment .....) so please bear with me - but this seems the place to post a related point that has just raised it's head. How would one deal with charging for separate, permitted changes of use contained in a planning permission approved under the provisions of Class E Part 3 of schedule 2 of the GPDO 1995 (flexible permissions)? Would the intended use be the whole mix of uses as approved in the permission? If so, how would one charge (at the highest of all rates, average them out or something else)?
Andrew Chalmers, Addaswyd 11 Years yn ôl.

Re: CIL and dual use

Advocate Postiadau: 169 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddar
Don't forget to quote CLG guidance "The system is very simple" so thank goodness for that.