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Successful CIL Appeal saves client over £21K

FarnhamWaverley Council

The Challenge

Waverley Council issued a Community Infrastructure Levy (CIL) Liability Notice for £21,477.80 following permission to change the use of ancillary outbuilding to a short-term holiday let. The Council charged the entire floor area and did not deduct the existing floorspace from the CIL charge. A Regulation 113 review to challenge the amount of CIL upheld the charge.

Our Approach

ET Planning submitted a Regulation 114 Liability Notice appeal to the Valuation Office Agency. We argued that the outbilding qualified as an existing “in-use building” and that its retained floorspace should be deducted. This required evidence of lawful use for at least six continuous months within the three years prior to the relevant permission being granted. We assembled a robust evidence pack that demonstrated continuous use by members of the main household and demonstrated that any occasional holiday letting had been lawful. The VOA accepted that the outbuilding had an ancillary relationship to the main house and determined that no CIL was payable. The full 41.21sqm of existing floorspace was deducted, reducing the charge from £21,477.80 to £0. Our evidence and supporting arguments secured the floorspace deduction after resistance from the Council and removed the charge in full. The result demonstrates the value of a well-structured case and evidence pack when challenging a Council’s refusal to recognise lawful existing floorspace.

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