The VO has clarified that despite there being no definition of GIA in the CIL Regulations, the RICS Code of Measuring Practice (6th edition) is the generally accepted method of calculation. [see para 13 of the decision].
Minor development, with a gross internal area of less than 100 m2 is generally exempt from CIL (Regulation 42 (1) of the CIL Regulations 2010 (as amended)).
However, pursuant to 42 (2), where the development comprises one or more dwellings that exemption does not apply (save in rare circumstances).
This appeal clarified that no CIL will be payable provided no 'additional' dwellings are created as a result of the permitted development. This seems obvious but the CA had argued that CIL was payable because the development concerned a dwelling. Had that been upheld the minor development exemption could only ever have applied to commercial premises.
Regulation 6 (1) (d) of the CIL Regulations 2010 (as amended), states that the change of use of any building previously used as a single dwellinghouse to use as two or more separate dwelling houses does not constitute development for the purposes of section 208 of the Planning Act 2008 and as such is exempt from CIL.
This case concerned a change of use of an existing single dwelling plus an extension. The appellant argued that only the new build and not the existing building should be taken into account as the existing building fell within the exemption contained in Regulation 6 (1) (d).
However the VO, agreeing with the Collecting Authority, determined that the nature and extent of the existing building went beyond mere change of use and therefore was not covered by Regulation 6 (1) (d). This meant that not just the “new build” element but the entire development needed to be taken into account when calculating CIL.