CIL - Development types and changes to permissions


Zero rated areas

Development in Zone 5 areas

Residential development in CIL Charging Zone 5 areas are zero rated. The CIL rate for non-residential development are Cornwall wide.

Caravans/park homes

Caravans/parks homes are not liable as they are not considered buildings for CIL purposes. This also means they cannot be taken into account as 'existing floorspace'.

Holiday homes/lets

Development that has a holiday occupancy condition will be zero rated for CIL.  A management plan restricting use for holiday purposes will not be enough to attract a zero rate.

New agricultural buildings

Agricultural buildings will be zero rated for CIL so do not need to pay a CIL charge.

Rural Exception Sites

Rural Exception Sites will be zero rated for CIL so do not need to pay a CIL charge or claim relief.

Changes to use/permission

Lifting a holiday occupancy condition on an old permission

This applies to development with holiday occupancy restrictions that:

  • has been  permitted on or after 1 January 2019
  • where an application is made at some point in the future to change the use.

This change could be from holiday to residential use, or to lift the holiday occupancy restriction.  The Council would seek to apply CIL on approval of that application as it would result in a ‘new dwelling’.

Prior Approvals under Class Q (change of use from agricultural building to a dwelling)

This type of application is liable as any development that creates a new dwelling is CIL liable. Any existing ‘in-use’ floorspace would be deducted from the proposed new floorspace.

Changes to a planning obligation

A modified planning obligation to release affordable housing from the restriction

If there is a change to the amount of Affordable/Social housing a development is providing, and Social Housing Relief has been granted. The extra open market housing will be chargeable. There is a seven year clawback period where relief can be withdrawn.

Definitions

The Council's Vacant Building Credit Notes definition and the CIL regulations definition

The Council’s Vacant Building Credit Note will be updated to reflect the revised NPPF, the NPPG and the CIL Regulations.

Non-residential development and 'out of town centre'

‘Out of town centre’ includes centres of any established village or town, not just the main towns named in the Cornwall Local Plan. If there is no town centre boundary, we will look at whether the development is part of the existing commercial centre of the village/town.

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