Is your development CIL liable?
Developers must complete a CIL Additional Information Requirement form for the following:
- full planning permission
- reserved matters following an outline planning permission
- lawful development certificates
- prior approval applications
Guidance is also available on the Ministry of Housing, Communities and Local Government's planning practice guidance website.
Replacement dwellings and householder extensions
CIL charges in Bracknell Forest Council are not normally applied to applications for replacement dwellings and householder extensions (unless the householder extension creates a new dwelling).
For applications to replace an existing dwelling, if the dwelling is demolished during the course of the application being determined, the proposed development, if approved, will be CIL liable. This is because the net increase of 1 residential (Use Class C3) dwelling is liable for a CIL rate in the Bracknell Forest Council CIL Charging Schedule, unless it is erected in Central Bracknell.
This includes section 73 applications that propose an increase in floorspace to these type of developments that have been granted planning permission and where demolition has occurred before the decision.
If the dwelling is demolished during the course of the section 73 application being determined, the proposed increase in floorspace of the approved development is CIL liable.
In addition, as demolition is considered to be development (Section 56 of the Town and Country Planning Act 1990 (as amended)), applicants would be unable to claim the exemption for self build housing contained in the CIL Regulations 2010 (as amended) (paragraph 54A and 54B) unless a claim for the exemption is made before the demolition has taken place.