CIL and unlawful developments

Planning Advisory Service (PAS)

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

Former Member, modified 11 Years ago.

CIL and unlawful developments

I have a CIL question relating to a development that was build without planning permission before CIL Reg came into force in April 2012. Our enforcement team have now been able to convince the land owner to apply for Certificate of Lawful Use (After April 2012) to make the development lawful use. The development will be use to provide one or more dwellings. I am wondering whether CIL charge applies to this development as the development was build before CIL came into force but obtain planning permission after CIL reg was implemented. Will appreciate any thought or advice . Saeed LBHF

Former Member, modified 11 Years ago.

Re: CIL and unlawful developments

If you're assessing a LDC, the question is, is it lawful or not? I don't think CIL comes into it. (following that school of thought you would have to go back and look at everything built prior to CIL). If the development is found to be unlawful and planning permission is sought retrospectively, then yes. CIL will apply.

Former Member, modified 11 Years ago.

Re: CIL and unlawful developments

I agree with Dean a LDC is not an application for planning permission in this case it is a means of regulating unauthorised development The planning merits are irrelevant in such case as such I fail to see how CIL is applicable