I have a case where a site has commenced building without having planning permission. There is no planning enforcement as if they applied planning would grant permission. They have applied for a certificate of lawfulness.
However the certificate of lawfulness doesn't seem to fall under the definition in the CIL regulations for planning permission in section 5, and without planning permission this isn't a chargeable development according to section 9.
Without having permission there seems to be no hook for CIL. Is this a loophole for evading CIL by not putting in an application for planning knowing it would be a lawful development from a planning perspective and instead getting a lawful development certificate?
