ET Planning save client over £22k in CIL
The Challenge
Our client received a Community Infrastructure Levy (CIL) Liability Notice of over £22k for the retention of an existing change of use from C3 to C4 (small HMO, max 6 occupants), and minor changes to an extension. Although the HMO use was considered lawful (permitted development), the Council maintained the development was chargeable and refused to amend the charge following a review. The client needed the liability corrected and the charge removed.
Our Approach
We prepared and submitted a Regulation 114 appeal (challenging the chargeable amount) to the Valuation Office Agency, setting out a clear, evidence-led case that the correct chargeable amount was £0. Our approach focused on three core points: The correct appeal route and timing: The client had already submitted a Regulation 113 request to the Council, which was refused. As agent, we then prepared and submitted formal Regulation 114 appeal within the required timescales. Strong evidence pack: We provided a clear timeline and supporting documents to demonstrate the lawful position and the nature and scale of the works. Minor development exemption (Regulation 42): We successfully demonstrated that the extension was far below 100 sqm and, crucially, the development did not constitute a new dwelling for CIL purposes because the property remained a single dwelling (a small HMO is not self-contained flats, nor a change that would require formal planning permission). The appointed person upheld the appeal and determined the correct CIL charge was £0. This reduced the client’s liability from £22,303.39 to £0, achieving a full saving of £22,303.39. Need help reducing or removing CIL? ET Planning can support with CIL reviews, exemptions, and appeals—built on a clear strategy and robust evidence.
Facing a Similar Challenge?
Speak with our team about your project requirements. We provide clear, practical advice tailored to your situation.