Regulation 40 of The Community Infrastructure Levy Regulations 2010 allows for existing floor space which has been in continuous lawful use for at least six months within the three year period preceeding development being permitted can be used as deductible floor area in the calculation of the CIL liability.
The applicant must provide evidence to demonstrate the continuous lawful use. This can include the combination of the following:
- Copies of leases.
- Electricity/gas bills for the 6 month period.
- Where an informal arrangement exists redacted bank statements to show rent/rates have been paid.
- Confirmation from a letting agent/solicitor advising of the period of occupancy.
- An affidavit.
We will need further evidence of continuous use if it is not evident from the information supplied. We will not consider the existing floor space as deductible floor space, unless the applicant demonstrates this.