CIL and Permitted Development
Permitted Development
In some cases permitted development (development that does not require planning permission) may be of sufficient scale to be liable for CIL.
Where a CIL liable development is being carried out under permitted development, the applicant must submit CIL Form 5 Notice of Chargeable Development to the us and the notice must include all the relevant floor area details prior to commencement.
Open CIL Form 5 Notice of Chargeable Development
The notice will be registered and acknowledged, the CIL liability is calculated and a Liability Notice issued to the applicant.
The applicant must then submit a Commencement Notice prior to any works taking place on site. We will then issue a Demand Notice, informing the applicant of payment details.
Prior Approval
Developments subject to a Prior Approval procedure e.g. change of use from Class E to residential may be liable for CIL. Applicants are encouraged to submit CIL Form 5 Notice of Chargeable Development at the same time as the Prior Notification details.
Deductions in respect of change of use only apply where at least part of the existing building has been in continuous lawful use for at least six months within the 3 years prior to the day the Prior Approval.
We have published further guidance available on how we calculate the GIA for CIL purposes.
Permitted development rights and compliance with the habitats regulations
The General Permitted Development Order (GPDO) allows for the change of use of some buildings and land to Class C3 (dwellinghouses) with this development subject to a prior approval process. However the Habitats Regulations also apply to such developments.
You can find out more details on what you are required to do to comply with the habitat regulations.
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