Community Infrastructure Levy (CIL) charge

[u587162]

With respect to the CIL, I understand that our various house rennovation work is slightly under 100m2, and our semi-retired architect thinks we should be ok. Some people I have spoken to at trade shows (Grand Designs etc) have verbally said calculations are based on one method whilst other say its based on others. Can anyone definitively answer the following pls?

1. If we had a balcony which is now being replaced with a two storey extension, can we include the existing balcony as consuming part of the new extension area i.e. to our benefit as the old balcony area is not net new space (but the area in excess of the old space, which is now the extension is the net new area)?

2. The same question as above but also with an existing small conservatory underneath the balcony, which will fall part of the new ground floor extension?

3. Does a loft extension count towards the 100m2 threshold even though its existing space but not net new space as in a externally built new extension?

4. Any removal of space e.g. old unused porch, can help offset against and new extension space?

5. I heard that to get around this CIL if the development is above 100m2, is to stage the development i.e. a new planning application once the first one is built. Is it as easy as that?

6. I am new to this ghastly legislation. Someone please explain to me why this doesnt fly completely in the face of all this talk of building new affordable homes in the Capital, especially for professional developers (which I am not) who will simply pass this cost on?

Thanks.

 

[freddiemercurystwin]

I think its just anything that's new build and above 100m² that counts.

http://planningguidance.planningportal.gov.uk/blog/guidance/community-infrastructure-levy/

 

[ey143]

No, unfortunately it also applies to extensions as well as new builds (as advised by Hertfordshire council and the specialists at the trade shows.

 

[freddiemercurystwin]

No, unfortunately it also applies to extensions as well as new builds (as advised by Hertfordshire council and the specialists at the trade shows.

Yea sorry, if your post was in response to mine, I meant any new construction not as in new build whole house's.

 

[u587162]

There seems however, to be confusion as to how the silly thing is calculated as per my examples given above though. Anyone have any experience of how my points should be interpreted ie whether loft conversion counts towards it or not?

Thanks.

 

[freddiemercurystwin]

No, seems to me that different local authorities use their own discretion to decide.

 

[jeds]

Local authorities set their own rules on charging so you will ultimately need to speak with them. My view is that a loft conversion would not count because it is within the existing structure. And I would say the balcony would be the same.

 

[u587162]

Nothing like creating greys areas open to interpretation and more planning confusion.

 

[jeds]

Planning people like grey areas. It goes well with the random decision making.

 

[cjard]

My understanding was that if you remove floor space it counts as a credit; that is to say that it's only truly additional floor space that counts towards the levy. In the case of incremental development, I've a vague memory that the newly created thing has to be in existence for a continuous 6 months before it becomes "old"

 

[u587162]

So by your interpretation would a loft extension count towards those limits?

 

[freddiemercurystwin]

So by your interpretation would a loft extension count towards those limits?

Respectfully it doesn't really matter what cjard's interpretation is, its how your LA interpret and implement it that counts.