CIL EXEMPTION FOR RESIDENTIAL ANNEXES OR EXTENSIONS - Public forum - Planning Advisory Service (PAS)
CIL EXEMPTION FOR RESIDENTIAL ANNEXES OR EXTENSIONS
REBECCA STADDON, Addaswyd 9 Years yn ôl.
CIL EXEMPTION FOR RESIDENTIAL ANNEXES OR EXTENSIONS
Advocate Postiadau: 103 Dyddiad Ymuno: 05/09/2013 Bostiadau diweddarHi, Please can I clarify Reg 42A?
This states that the development is a residential extension if it is an enlargement to the main dwelling and does not comprise a new dwelling.
Therefore, if someone wants to build a large garage at the bottom of their garden to store a personal collection of vehicles can they claim CIL relief as a residential extension because they are enlarging the main dwelling even though it is not physically attached to the main dwelling?
Logic tells me they can, but logic is not always correct with CIL regulations!!
Many Thanks
Rebecca
Our interpretation is that relief for extensions applies to an "enlargement" of the original dwelling. On the basis that free standing garages/buildings are not an enlargement if the application floorspace on its own, or together with an extension, is over 100 sq. m then in our view it would be liable for CIL.
Alison
REBECCA STADDON, Addaswyd 9 Years yn ôl.
RE: CIL EXEMPTION FOR RESIDENTIAL ANNEXES OR EXTENSIONS
Advocate Postiadau: 103 Dyddiad Ymuno: 05/09/2013 Bostiadau diweddarTony and Alison,
Thank you for your responses.
I am still somewhat confused.
Scenario: I apply for a large detached garage for my private use within the curtilage of my dwellinghouse on a householder application as ancillary use to my dwellinghouse and I pay a householder planning fee. The garage is residential floorspace and therefore liable to CIL when over 100 square metres but you are saying that I could not claim CIL self build relief as it would not be classed as an enlargement to the dwellinghouse?
Doesn't ancillary floorspace form an extension/enlargement to a dwelling?
The CIL regulations don't use the words 'attached to the main dwellinghouse'.
I just love these Regulations!!
Thanks
Moira White, Addaswyd 9 Years yn ôl.
RE: CIL EXEMPTION FOR RESIDENTIAL ANNEXES OR EXTENSIONS
Enthusiast Postiadau: 26 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddarCan I add a further complication to this debate.
We currently have an application, submitted on a householder form, for a large garage / storage building within the curtilage of a domestic property for keeping classic cars (this is purely a hobby and will be incidental to the main residential use.
The building is 116sq m.
I really appreciate the views expressed so far regarding whether or not this is an enlargement to the main dwelling (Reg 42A(3)).
However it has also raised another question in my mind as to whether, if we determine that CIL is liable, we charge the residential rate of £50 per sq m or the lesser rate of £5 per sq m for "all other uses".
In our Solicitor’s view a free standing building is not “an enlargement to the main dwelling ” for the purposes of Reg 42A- and it is not an annex unless it comprises a new dwelling within the curtilage.
Therefore our view is that under the current regulations self build relief would not apply. Any freestanding garage or building for hobbies would therefore be liable for CIL at residential rates if over 100 sq. m.
Alison
Alison,
I agree. An "extension to the main dwelling" has to be exactly that. Any new outbuildings within a residential curtilage, if they have to be charged CIL, are charegeble at the residential rate.
In addition, an extension to a residentail annexe is not elligible for any exemption/relief.
We had a discussion about this at the POS CIL Group yesterday. There are differing views about what the regulation means and what the government intended it to mean. Did Govt intend that an 'extension' attached to a house should be exempt but a building of the same dimensions for the same use but set a metre away shouldn't?
It is for each charging authority to make its own decision as to how it interprets the regulation unless or until there is established case law on the subject. The important point is that it should be consistent and able to point to an authoritative internal decision on the subject in the event of a challenge.
Graham Jones
Planning Officers Society
Hi
this came up recently at a CIL Officers' Group meeting and differing views were expressed. I agree with Graham: it does seem inequitable to treat a structure differently if it is attached to the main building than if it is apart from it, but still within the same curtilage. The impact must surely be the same from an infrastructure point of view. I will however take his advice and ensure that we have an authoritative internal decision to fall back on.
I agree that what appears to me to be the correct interpretation of the Regs. results in some anomalies. It is however not up to us to try and second guess what the intention of the DCLG and Parliament was when drafting and passing the legislation.
Parliament could amend the Regs. (again!) to provide clarification or correct errors or the Courts could be asked to pass a judgement on how the Regs. should be interpreted. If the matter goes to the Courts then, as a first step, the judge would apply what is know as "The Literal Rule". Under that rule, the words of the statute are given their natural or ordinary meaning and applied without the judge seeking to put a gloss on the words or seek to make sense of the statute. I believe that the outcome of the application of the literal rule would coincide with my view.
We may all not like various aspects of the CIL Regs but we are stuck with them the way they are.
Javaid Ashraf, Addaswyd 9 Years yn ôl.
RE: CIL EXEMPTION FOR RESIDENTIAL ANNEXES OR EXTENSIONS
New Member Postiadau: 6 Dyddiad Ymuno: 17/10/2014 Bostiadau diweddarHi. Forgive me for my intrusion, I am new to the world of Forums and the world of CIL, so apologies if I say the wrong thing or not make sense.
I was looking up the difference between Annexes and Extensions, and was looking at the CIL regs 42A. I found the difference not to be clear as there are so many different opinions on the web and some say that in planning terms it is pretty much the same thing, with the main difference being new dwelling (Annex) or existing dwelling (Extension). I'm still not 100% on this but I think the fact that it is joined to the Primary Existing Residential unit or not makes no difference in terms of definition. An extension would usually be joined to the main dwelling unit but does not necessarily have to be. If it is a joined extension to the main dwellling and a new dwelling unit is created there, then it would be an Annex to the main dwelling. If it is not creating a new dwelling then it would be an extension.
So whilst I may be wrong and I agree with other comments made under this forum, my personal opinion is that all this depends on where the development is and the type of use. If the use of an outbuildiing, garage, annex, or shed is used as a new dwelling or non dwelling and is within the curtilage of the main dwelling, then it is treated as residential space for the purpose of CIL.
If it is a large development (even a garage for the purpose of collecting vehicles etc) or an outbuildiing, garage, annex, or shed and it is sited on land not within the main curtilage of the main dweliing then that would be outside the scope of 42A.
To know for sure would depend on legal interpretations, amendments, court case etc, but I agree with the literal meaning of the regs, even though this has different meanings and interpretations.
I was also concerned with the claiming of the exemption under 42A. I cannot find under this regulation where it specifically states that it has to be 'self build' but the claim exemption form SB2 available states 'Self Build'. Why is this exemption only available to self build? and why is it not covered in 42A? Was this amended in a later Amendment to the 2010 regs?
REBECCA STADDON, Addaswyd 9 Years yn ôl.
RE: CIL EXEMPTION FOR RESIDENTIAL ANNEXES OR EXTENSIONS
Advocate Postiadau: 103 Dyddiad Ymuno: 05/09/2013 Bostiadau diweddarHi Javaid, welcome to the forum. I find it very useful and you are not intruding!
Here at TDBC we have decided to go with the literal interpretation of the regs and accept Self Build Relief claims on any residential floorspace regardless of whether it is attached to the main dwelling or not.
The Self Build Regs came in in February 2014.