Andy Le Vien

Please see the thread in Barn Conversions. I'm happy (ecstatic in fact!) to say that Croydon Planning have granted exemption for my conversion.

And the answer is.......NO!!!! Exemption agreement came through this morning. Many many thanks to everyone who has helped. I'm certain I would have been refused without the research and information given so freely here. Now to actually build the thing!

You are the sovereign of Google!!!! That is the best news I've had in months. Thank you.

Good thought. Thanks.

Thank you very much for that. Really, really helpful. Email is going in tomorrow! If this doesn't work we might try to reapply for PP without the rear extension, get a new CIL liability and appeal straightaway. Then build the extension under PD or the previous PP.

This is Croydon's calculation: Dear Mr Le Vien, CIL Charge for Greater London Authority’s is £25.94 per square metre. CIL Charge for Croydon is £150.91 per square metre. You are charged for the new residential floorspace created (In this case it doesn’t matter that it is in an existing building, as the development involves the conversion of existing ‘non-residential floorspace’ to residential floorspace). In this case the new flat has a floorspace of 64 square metres – this is confirmed on the approved application drawing no. 0302.11 Rev B. 64 x £25.94 = £1660.16 64 x 150.91 = £9658.24 Hence total CIL of £11,318.40. If I only have 60 days from the liability notice I'm stuffed anyway, it was 26th March. I spent a month back and forth querying it with the Planning department.

There's a small extension, from 52m to 64m. I have read or skimmed all of those appeals! Nothing quite fits what I'm doing, except to tell me that the Council sets the grounds for Self-build exemption. "However, I should make clear that there is no ground of appeal available to overturn the Council’s decision on the application for CIL exemption and I have no powers to do so" (1200107.CIL_Redacted). This particular appeal might have been stymied by not following the rules of course. I can't tell from the PDF. And yes, I'm very aware of the strictness of the conditions. I'm getting everything ready to go, but nothing physical will happen to the site before all the forms go in.

Yes, that's what I thought. It's a problem when what should be a neutral department gets turned into a cash generator. I queried this with Croydon and they were adamant.

Conflicting opinions here: from https://www.lbbd.gov.uk/.../2014/.../CIL-Collection-Frequently-Asked-Questions-201... Community Infrastructure Levy – Frequently asked Questions 2014 Q: Is CIL payable on change of use? A planning application for the change of use of an existing building will not be liable to CIL unless it involves an extension which provides 100 square metres or more of additional floorspace, or involves the creation of a new dwelling even when it is below 100 square metres. The amount payable will depend whether or not the existing building has been in continuous lawful use for at least six months in the last three years prior to the development being permitted. I've attached the full PDF. If you look at the grid of possible charges we should be chargeable for the additional floorspace only. But because it is a change of use to residential, Croydon say we are charged for all the floorspace as it is now residential. Heads I win, tails you lose. CIL-Collection-Frequently-Asked-Questions-2014(2).pdf

Croydon say that change of use is chargeable as it's from B1 to residential. It might be possible to do a change of use to an intermediate use category and then to residential, but I think there must be a minimum time spent in the intermediate stage. We're certainly considering doing the conversion without the rear extension, and paying I suppose a fifth less CIL, then using PD for the extension.

I did ask, as part of a long and frustrating conversation with the CIL officer. "Dear Mr Le Vien Our definition is based on the The Community Infrastructure Levy Regulations 2010 as amended which states. Section 54A.— (2) Self-build housing is a dwelling built by P (including where built following a commission by P) and occupied by P as P’s sole or main residence. I trust this clarifies the matter. " It didn't clarify anything. I'm converting my recording studio, as sadly my business partner wants to retire. So there's a lot of construction involved, moving walls, building a corridor and an extension on the back, in order for it to become habitable.

Thanks @newhome. The problem is Croydon's interpretation of Self-build, and as your link says, " If you intend to live in the conversion yourself, you may qualify for the self-build exemption .... Such considerations can become very technical and I recommend that you seek specialist advice if in doubt." Which is where you guys come in! Trying to establish my grounds before spending money with a solicitor.

Oh bother! I checked with the VOA. They replied:- "Dear Andrew Thank you for your email, however I am afraid the Valuation Office Agency can only deal with appeals under the regulations stated on the below page and which have been made in the official manner via an appeal form. https://www.gov.uk/guidance/community-infrastructure-levy-how-to-make-an-appeal However, please note that the VOA cannot get involved with the Collecting Authority’s (London Borough of Bromley)(sic) decision to grant self-build exemption. This issue is between yourselves and the Collecting Authority. " This list doesn't include granting self build exemption Appeals dealt with by the Valuation Office Agency You can appeal against a CIL charge to the Valuation Office Agency (VOA) if: the collecting authority’s calculation of the chargeable amount (regulation 114 appeal) the collecting authority’s apportionment of a CIL charge between different landowners in ‘default’ cases (regulation 115 appeal) the collecting authority’s determination of the value of the interest in land in respect of which charitable relief was claimed (regulation 116 appeal) the collecting authority’s decision not to grant exemption for a residential annex because the annex is not wholly within the curtilage of the main dwelling (regulation 116A appeal) the collecting authority’s calculation of the amount of the exemption for self-build housing (regulation 116B appeal)

That is fantastic! Thank you very much indeed.

Thanks! I've applied for exemption but the CIL person in Croydon Planning says that a self build has to be "new build". The regulation merely says "a dwelling built", which is open to interpretation. I believe that the definition can be generated by the council itself, rather than being made by the Planning Inspectorate. I was hoping to find that other councils interpret the Regulation differently, which might help when I appeal. And I think I will have to go through the Council's complaints procedure in order to appeal. I don't suppose you have any particular cases in mind that I could quote? Any corrections to my beliefs also gratefully received!

Interested to know whether anyone in a CIL area has had to pay. I'm doing a conversion in Croydon (not a barn!) and am being charged £11000 even though on every other count I would qualify for Self-Build exemption.