Stage 1: Planning Application & CIL Additional Questions Form (applicant)

If you are applying for a development that will trigger a CIL liability (involves the creation of floorspace 100sqm or more, the creation of a new dwelling or the conversion of a building no longer in use) then you must complete and submit a CIL Additional Questions Form (external link), alongside all other planning application forms and supporting information.

The information provided on this form will enable us to determine whether or not CIL is payable and to calculate the chargeable amount. 

All forms are available from the Planning Portal but should be returned to us at the Council.

Demonstrating that buildings are in continuous lawful use

If you think existing floorspace (to be used or demolished) should be deducted as part of the CIL calculations, you must be able to demonstrate it has been in continuous lawful use for at least six months in the last three years, prior to the date that planning permission for the development is permitted.

It is applicant’s responsibility to provide the evidence to demonstrate the continuous lawful use. Information that could be submitted to demonstrate this can include the combination of the following:

  • Copies of leases
  • Electricity/gas bills for the 6 month period
  • Business rate/council tax bills and payments. Note: The Local Planning Authority does not have access to this information as it is data protected
  • Where an informal arrangement exists redacted bank statements to show rent/rates have been paid
  • Confirmation from a letting agent/solicitor advising of the period of occupancy
  • An affidavit

The council will require further evidence of continuous use if it is not evident from the information supplied and will not consider the existing floor space as deductible floor space unless the applicant demonstrates this.

Permitted Development

From April 2013, permitted development (that which does not require planning permission) may be of a sufficient scale to be liable for CIL. It is then the responsibility of the developer to serve a Notice of Chargeable Development on the Council prior to development commencing. The CIL charge will then be calculated and applied just as though planning permission had been issued. Please note that the Council may advise if CIL is payable when also dealing with ‘Do I need Planning Permission requests’ and as part of its Planning Enforcement process. 

Important – CIL liability is held as a charge on land. If CIL is not paid you may have difficulty selling your land or property.

Next -  Stage 2: Assumption of Liability

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