Hi,
I wonder if anyone could assist with a case I have at the moment,
A site for 5 new houses (created throught conversion and extension of a B1 building) was granted permission pre CIL, works have now commenced on this site and nearly completed. The permission included a requirement for affordable housing, open space and transportation contributions.
Following the ministerial statement the applicant has now submitted a fresh application (not a S73) (slightly modifying the current permitted development) in order to remove the contributions. This new application is now CIL liable. The case officer is minded to grant the permission for the amendments.
The applicant has stated that the floorspace of the existing building should be discounted from the CIL calculation as it meets the requirements of being in lawful use for 6 continuous months in the last 3 years (which is the case on the buildings previous B1 use).
My current argument is that as works have already commenced on the first housing permission there is no relevant building on site at the time of granting permission on this new app , which is largely the same as the original, and that the existing floorspace should be assumed to be zero. The applicant is arguing that as the building is still there the current use of it shouldn't matter.
I think in their argument they are getting a double discount as they are proposing to discount the floorspace of what is a nearly complete 5 dwelling scheme with the existing floorspace of the same scheme.
Does anybody have any views/opinions on this?
