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Q&As
Will amendments to my design affect my CIL exemption?
We currently have a planning application on the go for a replacement dwelling. We're looking to knock down and rebuild our bungalow and have previously been granted planning for a renovation of the existing building. Down the line, we're also hoping to obtain permission for a non-material amendment- to add an extra bathroom into the approved design and tweak the front elevation accordingly. As it stands, we're planning to begin work after the necessary permissions have been approved and before we apply for the amendment.
I've been reading up on Community Infrastructure Levy (CIL) in anticipation for the project and am concerned about how the amendment may affect this. It would, if approved, increase the gross internal area very slightly and therefore presumably alter the CIL calculation. If we follow the self build exemption steps to the letter and begin work but then seek the amendment, will we face CIL issues down the line? I appreciate the answer may be to wait until the amendment has been resolved but we're already two years into this and for various reasons do really need to get started soon.
One Answer
Hi Helen,
Thanks so much for getting in touch with your question. Yes, any amendment that increases the floor area of an existing planning consent can affect the CIL charge. The CIL is calculated based on the gross internal floor area of the development, and any increase in floor area could lead to a higher CIL liability. If the amendment results in additional floor space, the local planning authority may reassess the charge, and you could be required to pay more based on the updated floor area.
In terms of starting the project, provided you have secured your exemption, you are safe to start work on the approved development without triggering a CIL payment. However, in terms of many amendments, the same rules apply and if a liability is generated by any additional floor space created by the alterations, this will be conditioned as part of the new approval and again the work relating to that consent should not be started until an exemption is claimed.
In reality, it’s not practical for local authorities to administer CIL so literally especially where an exemption has been granted for a self build project and amendments are necessary. The best way forward is therefore to give them a call, explain the circumstances and ask how they would administer the CIL liabilities relating to any amendments on a project that already as a CIL exemption granted.
Best of luck with your project,
Mark Stevenson (Project Management expert)