CIL Liable Development
CIL Liable Development is:
• New build floor space of at least 100 square metres.
• The creation of a new dwelling (even if the floor space is less than 100 square metres).
• The conversion of a building that is not ‘in-use’.
Test Valley Borough Council intends to charge CIL on residential development and large format retail development over 280 square meters. All other uses will have a nil rate. The justification for charging for these two uses only is underpinned by the CIL Viability Study. The Council is committed to a review of CIL rates 12 months following the commencement of charging therefore other types development may become CIL liable depending on the viability evidence from a review.
These applications will be required to submit a CIL Additional Information Requirement form. A planning application will not be validated until the CIL Additional Information Requirement form has been submitted
This applies even if the development would benefit from mandatory relief available for charitable, social housing and self-build development.
Development that will not be liable for CIL:
• New build floor space of less than 100 square metres (providing that this does not result in the creation of a new dwelling.
• The conversion of a building that is ‘in use’.
• The conversion of a building that is not ‘in-use’ provided that it does not result in the creation of new dwellings.
• Development that brings vacant buildings back into the same use.
• Buildings into which people do not normally go, or into which they only go intermittently for the purposes of inspecting or maintaining fixed plant or machinery (e.g. electrical sub-stations and wind turbines).
• Mezzanine floors of less than 200 square metres inserted into an existing building, unless they form part of a wider development.
These applications will not be required to submit the CIL Additional Information Requirement form unless specifically requested by us.
If you are still unsure as to whether your development will be liable for CIL, it is recommended that the CIL Additional Information Requirement form is submitted. This will allow us to determine whether (or not) the development will be liable for CIL.
Definition: In use
The definition of lawful use is contained in Regulation 40(11) of the Community Infrastructure Levy Regulation 2010 (as amended).
An ‘in-use building’ is a building which
“contains a part that has been in lawful use for a continuous period of at least six months within the period of three years ending on the day planning permission first permits the chargeable development”
Relief is available for certain development. You can view information relating to the forms of relief on the government Planning Practice Guidance website. You can’t claim relief from CIL for exceptional circumstances in Test Valley.
My development is CIL liable, what do I need to do? – The CIL process
How much will I have to pay? – CIL charging