CIL following demolition

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Today

Dean Brunton, modified 8 Years ago.

CIL following demolition

Enthusiast Posts: 44 Join Date: 10/10/13 Recent Posts

Hello,

I have a situation and I was wondering if anyone can help find a solution:

Permission was granted for an extension to an existing dwelling pre CIL (and under 100sqm regardless).

Upton commencement they discovered that the state of the existing building was so bad they demolished the existing house too in order to rebuild the whole house plus extension.

When we found out we told them that a new permission was required for a replacement dwelling, this is now CIL liable.

As there is now no house there is no existing floorspace and as they have commenced there is no relief. As this has generated a £26k CIL liability the developer is not happy. Is there any other loophole / relief that can be used in this case, it does seem rather harsh to charge him CIL in this instance (even though he should of course notifed us before he started demolition!)/

Thanks

REBECCA STADDON, modified 8 Years ago.

RE: CIL following demolition

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

I have had this situation arise and there is nothing that can be done.

The development is CIL liable and relief cannot be claimed as development has already commenced.

I believe this has been done deliberately by Govt to deter unauthorised development - which is what this is!

You also mention that the work is being done by a developer. This suggests that self-build relief would not have been applicable anyway.

Furthermore I would be raising surcharges for failure to assume liability and failure to submit a Commencement Notice.

Bex

Former Member, modified 8 Years ago.

RE: CIL following demolition

If we were faced with this situation, I think that we would allow the domolished floor space (assuming of course that it meets the "in use" criteria) and only charge CIL on the additional floor space for what was originally the extension.

REBECCA STADDON, modified 8 Years ago.

RE: CIL following demolition

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

How will they complete the CIL Form 0 Tony?

Section 7 asks for details of existing buildings on site but the house is no longer existing on site.

Bex

Former Member, modified 8 Years ago.

RE: CIL following demolition

Don't attach too much weight to the precise wording on the CIL forms Bex. They are not prescribed by the Regs. and in some respects they are not strictly in line with them.

In my first post, I said what I thought we would do in the same circumstances. I didn't say that that course of action would be strictly compliant!

REBECCA STADDON, modified 8 Years ago.

RE: CIL following demolition

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