Class MA Development Saved Thousands in CIL

Viable Placemaking were thrilled so save a property owner thousands in Community Infrastructure Levy (CIL) fees for his change of use application in Warwickshire.

Class MA of the General Permitted Development Order allows the change of use from Class E commercial uses to residential use (Class C3) through the prior approval process rather than a full planning application.

The route has become increasingly popular for converting offices, retail units, and other Class E premises into housing. While the planning process may be simplified, CIL considerations remain an important part of the development assessment.

An applicant in Warwickshire had submitted an application for prior approval under Class MA for the change of use of an office to a single house. After receiving a grant of prior approval in early 2026, an applicant received a CIL Liability Notice for CIL, showing that this was due for the entire proposed floorspace.

Viable Placemaking were contacted by the planning agent to provide an independent review of the CIL liability. Following our review, we had found that the Council had incorrectly calculated the CIL liability, due to the existing building being lawful "in-use" floorspace.

We promptly prepared and submitted a request for Review under Regulation 113, which demonstrating how the building met the criteria of the CIL Regulations to be an in use building. The Council reviewed the CIL calculation and accepted that the chargeable area had not been correctly calculated. A revised Liability Notice showing NIL Liability was immediately issued.

As a town planning consultancy with a specialism in development economics, Viable Placemaking frequently provide CIL advice to sit alongside planning applications and are able to balance the planning and economic implications of planning decisions.

If you have a project and need support on the CIL or planning implications of your development, please don't hesitate to get in touch.