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Green Building Bible, Fourth Edition
Green Building Bible, fourth edition (both books)
These two books are the perfect starting place to help you get to grips with one of the most vitally important aspects of our society - our homes and living environment.

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    • CommentAuthorCWatters
    • CommentTimeJun 5th 2018 edited
     
    It seems that some councils are saying that the self build exemption from the CIL only applies to new houses and not conversions.

    This isn't an issue for all conversions because existing floor area can be deducted from the CIL calculation. However if you plan to add a large garage, extension or outbuilding as well then some councils (example Croyden) may try to hit you with a CIL charge on that extra space (or even on the entire floor area).

    If you find yourself in this position you might find the following helpful. Unfortunately you might still need to argue your case as this was settled before it went to court but still...

    https://www.boyesturner.com/article/boyes-turners-cil-victory-saves-self-builder-client-nearly-80000

    "Boyes Turner’s development & house building team have successfully challenged a decision by a local Authority to charge CIL on a barn conversion which had been undertaken as a self-build project by their clients.

    Planning permission for conversion of barn

    The clients had secured a planning permission for conversion of a redundant barn and in the usual course of completing the CIL documentation submitted a claim for exemption from CIL as self-builders. The local authority concerned rejected the application for exemption, stating that the self-build exemption was not intended to apply to conversions of existing buildings, only to new build housing constructed on plots of land. A request for a review of the decision was made under the procedures set out under the CIL regulations but the review confirmed the Council’s previous position.

    Challenging the refusal of application for exemption

    Boyes Turner’s development & housebuilding team were instructed to consider the position and take appropriate steps to challenge the Council’s decision. With only a limited time available before expiry of the period for bringing Judicial Review proceedings, we issued the required pre-action protocol letter to the Local Authority, challenging the refusal of application for exemption on the grounds that there was nothing in the primary legislation or within the CIL regulations which excluded the operation of the self-build exemption in the case of building conversion projects.

    Boyes Turner were successfully able to draw the Local Authorities attention to the separate treatment of conversion projects and new build developments elsewhere within the regulations, unlike in the case of the application to the self-build regulations. The Council’s attention was also drawn to the general policy of favouring self-build projects espoused by Government both within the CIL regime and generally under planning policy. Boyes Turner argued it would be contrary to such policy to seek to exclude conversion projects from the self-build exemptions.

    Victory secured for our client

    On the very day proceedings were due to be issued in the High Court, the Local Authority confirmed it would be revoking its previous review of the CIL assessment and classifying the development as being exempt from CIL (provided the self-build developers fully comply with the rest of the procedures for the successful claiming of that exemption).

    The reversal of this decision has saved our client nearly £80,000; an expense which would have substantially undermined their ability to carry out their self-build project had it not been overturned."
    • CommentAuthorgoodevans
    • CommentTimeJun 6th 2018
     
    At a £80,000 in savings and the CL levy at £140/m2 + indexing for Croydon it looks like a substantial increase in the square meterage on top of the existing barn size. I think the Council simply rolled over in the face of someone with money behind them.

    It looks like this is good news for these owners, but I think that unfortunately it is of no help to anyone else with similar problems as this appears to be a one off settlement between Croydon and the owners.
    • CommentAuthorgoodevans
    • CommentTimeJun 6th 2018
     
    And it is about time that each time the legislation is amended that the amendments are embedded in a copy of the legislation - the 2010 legislation has now been ammended in 2011, 2012,2013,2014, 2015 and 2018. To ensure you are reading the up to date legislation you have to check 7 documents each time you are referred to another section.

    And I love the way in which the legislation states things like... "be submitted in writing on a form published by the Secretary of State" without any reference to which form, published when or how under what identification number or title.

    It's almost as if the state does not want you to look at the actual legislation, but would prefer you to look at 'guidance' that puts the desired spin on what the legislation actually states. (If legislation written in 2010 is not understandable by the public it is badly written).

    Rant over.
    • CommentAuthorCWatters
    • CommentTimeJun 6th 2018
     
    Local planning policies can be similarly hard to navigate.
    • CommentAuthorCWatters
    • CommentTimeJun 6th 2018
     
    Posted By: goodevansAt a £80,000 in savings and the CL levy at £140/m2 + indexing for Croydon it looks like a substantial increase in the square meterage on top of the existing barn size. I think the Council simply rolled over in the face of someone with money behind them.

    It looks like this is good news for these owners, but I think that unfortunately it is of no help to anyone else with similar problems as this appears to be a one off settlement between Croydon and the owners.


    Sorry I didn't mean to imply the Boyes Turner case was in Croydon. I don't know where it is.

    On another forum someone is separately battling with Croydon over a conversion. In that case Croydon have denied the owner the self build exemption and are trying to charge the CIL on the whole floor area being converted not just the small extension planned. The extension is around 10sqm (eg well under 100sqm) and the planners want £11k.
    • CommentAuthorCWatters
    • CommentTimeJun 6th 2018
     
    If anyone knows of a self build conversion case that has been to the VOA please post it here!
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