Permitted Development and Prior Approval

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 Council and the notice must include all the relevant floor area details prior to commencement.

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 when development commences, and the Council will 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 B1a offices 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.