CIL Liability - Public forum - Planning Advisory Service (PAS)

Hello Suraiya, 

I thnk it would depend on when it was last in lawful use. If the unauthorised use was only recent, it might still have been in lawful use for the requisite 6 months within the 3 years leading up to the day that the cert of lawfulness was issued (assuming it was). I'd want to see proof, like contracts of letting. or utility bills etc, or maybe Council Tax if thats available.    

Hi Sue, thank you! They were not in lawful use, however there was no planning permission for change of use from residential extention to separate dwelling, that's why this is so confusing. They submitted council tax bills as part of their CLEU application but the development was not lawful for that matter. That means, it was in-use but not lawfully.

Morning,

It was my understanding if the CLEU  is approved then it is not CIL Liable as it is not classed as development. However if it were a planning application it would be retrospective and would be fully liable. I am happy to stand corrected if anyone else want to chip in.

Kirstin

Hi Kirstin, thanks for your input. That's what I am puzzled about and exactly is the point.  That means this is a loophole, right? that developers can be unlawful for certain period of time (4 years in this case) and then pay no CIL for a development that is not considered as development, however, if they followed lawful planning procedure, they needed a planning permission for that change of use. I was looking for any CIL regs containing unauthorised development but couldn't find anything that coveres it. So, probably we just have to let this go!

Suraiya

I agree totally a loophole. I had a situation very similar in January, but the applicant had pot in an application rather than going to a CLEU.  They had coverted an annex to a Holiday let in 2016 and as it was retrospective and had not been in its lawful use for 6/36 they had to pay CIL (understandably they were not happy and are currently appealing). Had they gone down the CLEU route there would havve been no liability. Crazy

KIrstin

Morning Suraiya,

I haven't heard anything yet but will check and update you when I do.

Kirstin