VSM win landmark CIL case

Through innovative implementation of strategy, VSM have won a landmark case for the mitigation of the Community Infrastructure Levy in respect of a proposed development.

VSM have successfully mitigated the Community Infrastructure Levy (CIL) liability on our clients retail park development. Following a refused appeal to the charging authority, the case followed the further appeal procedure and was decided by the Valuation Office Agency (VOA). Their decision in respect of the Council’s CIL liability notice resulted in a reduction in liability of just under £1 million.

The appeal is by far the highest value CIL liability notice that VOA have dealt with as to date these have been of low value relating generally to small scale residential developments and resulting liabilities of a few thousand pounds.

In respect of this particular case, VSM ensured that prior to submission of the planning application, the premises to be developed were actively in lawful use for more than six months in accordance with CIL legislation, thus permitting the existing floor area to be “offset” against the new development.

This case establishes points of law within legislation for which many areas remain untested.


We are increasingly speaking with clients who are sometimes unaware that CIL is chargeable on office to residential Permitted Development Rights conversions, so please contact us as early as possible, especially if your intended conversion building has been vacant for three years or more.

For more on CIL mitigation please contact Tony Rosenberg on tony.rosenberg@vacantspace.com or 01908 660552



VSM believe that Knowledge is Power.

Knowledge of the industry of the past and present helps us guide our clients to the future. This is our main USP to our clients.

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Vacant Space Management

Vacant Space Management Ltd

335 South Row
Milton Keynes

Tel: 01908 660552

Email: info@vacantspace.com