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Information for planning applicants

You need to submit a completed copy of Form 1 (CIL Additional information form) for applications 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 including sale of food and drink: use classes Ea, Eb, E(c), F2a and the following sui generis uses:
    • public houses, wine bars or drinking establishments
    • drinking establishments with expanded food provision
    • hot food takeaways

and where the application would create 100 square metres or more of new floorspace or change of use/converted floorspace and is any of the following:

  • full planning permission (including householder applications)
  • technical details consent
  • lawful development certificates, where the development in question commenced after 18 January 2018
  • modification of S106 agreements
  • prior approval
  • reserved matters (following an outline planning permission)

Also required for:

  • new dwellings (including change of use/conversion)
  • minor Material Amendments to any application which was liable to pay CIL contributions (see above criteria)

Not required for:

  • outline applications
  • minerals or waste development

Applicants seeking permission for other forms of development may submit the CIL additional information form on an optional basis in order to enable confirmation that no charges will apply.

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.

Developments that have to pay the levy

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.

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 document provides 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 GOV.UK website. 

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