East Devon District Council

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Guide Community Infrastructure Levy (CIL)

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2. What types of development will be liable to pay CIL?

In East Devon, only residential and retail developments are liable to pay CIL. In terms of Use Classes, 'Residential' means development which falls into use classes C3 or C4.  For the avoidance of doubt, the Council does not consider that use classes C2 and C2A fall within this definition.  'Retail' means development which falls into use classes A1, A2, A3, A4 or A5 or which is described in Regulation 3(6)(d) of the Order (sale of fuel for motor vehicles). 

Development that creates less than 100 sqm of new floor space is classed as minor development and is not chargeable. The only exception to this is a new dwelling which is chargeable, whatever the size.

Please note it is the net new floor space that is charged.  Therefore, if a development includes a retained building (e.g. a barn conversion), or a building needs to be demolished to make way for the new development, then the floor space of these buildings can be deducted from the gross floor space of the new development.

However, these deductions are only allowable if the buildings in question have been in lawful use for a continuous 6 month period at any time over the last 3 years. In the case of retained buildings of the same use class, the requirement to have been in lawful use for a continuous 6 month period at any time over the last 3 years does not apply.

Charges are calculated on Gross Internal Floor Area; refer to RICS ‘Code of Measuring Practice’.

Please also note that CIL is not charged on an outline planning permission as there is often insufficient floor space data with which to calculate the CIL charge. In such instances the CIL is calculated and charged when the reserved matters application comes in.