CIL and demolitions - Public forum - Planning Advisory Service (PAS)

Scott the 2010 CIL regulations set out detail of what in use means at regulation 40. http://www.legislation.gov.uk/uksi/2010/948/regulation/40/made (10) For the purposes of this regulation a building is in use if a part of that building has been in use for a continuous period of at least six months within the period of 12 months ending on the day planning permission first permits the chargeable development. The existing area to be taken off in these circumstances is the aggregate of the gross internal areas of all buildings which (a)on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use; and (b)are to be demolished before completion of the chargeable development. As a front runner we are meeting DCLG and PAS next week to talk through issues of taking CIL forward and having spotted this we will be picking it up. In our case the redevelopment for example of multi-storey mills could well result in more floorspace being lost than created, resulting in no CIL liability. While this may be good for viability it will not deliver infrastructure. We will check our understanding is correct and the implications for regeneration schemes where overall floorspace could reduce. So watch this space.

Thanks Andrew. I should have looked more closely at the regs. So if a building is to be demolished and a part of that building has been in continuous use for 6 months prior to planning permission being granted, then the floorspace of the entire building will be a deduction from the final CIL liability? Seems fairly straightforward. But I can see one or two potential sticky issues: - Developers will presumably be required to provide some form of proof of continuous use. - How do you define 'part of that building’? Could it say be as small as a toilet? But thanks again. I'll keep an eye on this section of the PAS website for any further info.