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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - Yesterday

CIL Annex loophole?

Dean Brunton, modified 3 Years ago.

CIL Annex loophole?

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

Hi, we have a case where someone put in an application for a standalone annex in the rear of their property, not PD but under 100sqm.  As a new dwelling then CIL liable.

During a site visit it transpired they had already commenced work prior to a decision.

We advised that in accordance with the CIL Regs that relief couldn't be applied for (as works had commenced).

The applicant has now said that he may withdraw the application and submit one for an 'outbuilding', as this is less than 100sqm then no CIL payable.  He has then indicated that he will use the outbuilding as an outbuilding for a bit and then covert to his annex.

Whilst this would be an unauthorised use our enforcement team have said they won't take any action as they cannot identify harm (which I accept).

As they won't have a permission I can't see how we can then recover any CIL due?