Information for planning applicants

Which developments have to pay the Community Infrastructure 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.

What rates will apply?

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

What do you need to do?

When you submit a planning application that we believe may be liable for the CIL we will ask you to complete a CIL additional information form. This will allow us to assess whether you need to pay a charge, and if so, how much.

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

If we decide that your development is liable to pay the CIL 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 do we calculate the CIL charges?

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 schemes that would otherwise have to pay the CIL.

Details and guidance are provided on the planning portal and planning practice guidance websites.

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

  • affordable housing
  • self-build development
  • charitable 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.

CIL appeals

Liable parties may appeal against a decision relating to the calculation and enforcement of the CIL. Details of how to do this can be found on the planning portal and planning practice guidance websites.

Will I still need to enter into a Section 106 agreement?

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 S106 agreement that requires infrastructure that is to be funded through the CIL. We have published a list of the infrastructure that may be funded through the CILThis is called a Regulation 123 list.

Further guidance

Detailed information and forms relating to CIL, along with the regulations, can be found on the following websites.