We have received several applications (all for the same site, which
is split into different blocks) which are for the change of use from
Retail to Live/Work units, with some additional floorspace (extra
floors on top).
The applicant is claiming that all the new flats to be created are
live/work units and therefore come under Sui Generis use class.
Although they will clearly be residential use and therefore would be
CIL liable, by claiming they are live/work and therefore not C3, they
believe they are exempt from paying CIL.
Has any other authority come across something like this where a
developer has tried to get around paying CIL by claiming they are
live/work flats? I have had a look around but it just appears to be
one of those 'grey areas' of CIL with no clear distinction on whether
they are liable or not. If anyone has found any useful appeals that
would be great.
Thanks,
David
