Prior approvals and CIL liability - Public forum - Planning Advisory Service (PAS)
Prior approvals and CIL liability
I’ve probably missed the subtleties of this, but could someone tell me if they think that prior approvals for the change of use from farm buildings to dwellings (Class MB of Town and Country Planning (General Permitted Development) Order ) would be CIL liable. I don’t think so – the regs haven’t been revised since it was introduced in April 2014, and what I have read seems to refer to planning permission, not the prior approvals.
Moira White, modified 9 Years ago.
RE: Prior approvals and CIL liability (Answer)
Enthusiast Posts: 26 Join Date: 20/10/11 Recent PostsI think the answer is probably "yes" they are liable - Reg 64 of the CIL regs covers cases where permission is granted by way of a deemed consent i.e. permitted development.
BUT they are likely to be exempt (Reg 40 (7) if the agricultural use has been lawful and the building has been used for that purpose for at least 6 months within the last 3 years.
Tim
I agree with Moira but would add that the "vacancy test" is slighlty different as the 6 months in the last 3 years condition to allow floorspace to be offset runs to the date a Notice of Chargeable development is received prior to commencement - not the grant of outline planning permisison or full planning permission .
Alison