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Community infrastructure levy

Information for planning applicants

Developments that have to pay the levy

From 18 January 2018 retail and residential development in North Somerset that meets the following criteria will be liable to pay the Community Infrastructure Levy (CIL):

  • development comprising 100 square metres or more of new build floorspace,
  • development of one or more dwellings;
  • the conversion of a building that is no longer in lawful use.

Please see below for more information on the procedures you will need to follow.

Charging rates

Our CIL rates are contained within our charging schedule and the appendices.

Application process

When you submit a planning application where the levy may apply, we will ask you to complete a Community Infrastructure Levy (CIL) additional information form. This will allow us to assess whether you need to pay a charge, and if so, how much.

An CIL additional information form is required for applications received that include an element of any of the following types of development:

  • residential (use class C3/C4);
  • extra care (C2) housing;
  • purpose-built student accommodation/halls of residence;
  • retail (use classes A1/A2/A3/A4/A5);

and where the applications are for:

  • full planning permission (including householder applications);
  • lawful development certificates, where the development in question commenced or will commence after 18th January 2018 and where the development is more than 100sqm floorspace and/or leads to the creation of a new dwelling (even if less than 100sqm);
  • minor Material Amendments;
  • modification of S106 agreements;
  • prior approval, where the development is more than 100sqm and/or results in the creation of a new dwelling (even if less than 100sqm);
  • reserved matters (following an outline planning permission).

Applicants for commercial (B-class) or other forms of development may if they wish submit the CIL additional information form on an optional basis in order to enable confirmation that no charges will apply.

The CIL additional information form is not required for outline applications, or for minerals or waste development.

If you are planning development under a general consent or permitted development rights and it is liable for the levy, you will need to let us know by submitting a notice of chargeable development form before you start work. Failure to submit the form prior to any development will result in an extra charge being applied.

If we decide that your development is liable to pay the levy, there are a number of processes that must be followed by us and by the liable party. Please read our guide to the CIL process for further information.

It is very important that planning applicants complete all of the required steps at the right time. Failure to do so can lead to additional charges and/or enforcement action being taken.

How levy charges are calculated

CIL charges are calculated by taking the applicable rate (in pounds) and multiplying it by the new gross internal floorspace of the development. The following documents provide answers to frequently asked questions about the charges and some example calculations.

Exemptions and reliefs

There are a number of exemptions and reliefs that may apply to developments that would otherwise have to pay the levy. 

Developments that may be eligible to apply for an exemption or relief include:

  • affordable housing
  • self-build development
  • development for the delivery of charitable purposes

All of the above are subject to detailed definitions and regulations.

If you think that your development may benefit from an exemption or relief, it is important that you follow the correct process and claims procedure.

In particular, any exemptions or relief must be applied for and formally granted before development commences on site. If you start your development before exemption or relief is formally granted, the full levy charge will become payable immediately.

It is your responsibility to ensure that the necessary forms have been properly completed and received by the council and the relief or exemption granted before you start your development.

Appeals

Liable parties may appeal against a decision relating to the calculation and enforcement of the CIL. Further guidance on how to do this can be found on the Planning Portal website and GOV.UK's online planning practice guidance

Section 106 agreements

In addition to paying any CIL charges, some developments will still be required to enter into a Section 106 agreement. Your planning officer will advise you if this is the case.

We cannot ask you to enter into a Section 106 agreement that requires infrastructure that is to be funded through the CIL, as listed on the Regulation 123 list.

Further guidance