Bath and North East Somerset Council Community Infrastructure Levy
6. Further Information - including Annual Report
The B&NES CIL Charging Schedule was approved on 17th February 2015 and took effect on 6th April 2015. The CIL charges set out in the Charging Schedule are subject to indexation. See CIL calculator below for indexation details.
For developers this means is that any applications approved after April 6th 2015 may be subject to CIL.
Information on the background, preparation, consultation and adoption of the CIL Charging Schedule is available within the CIL Timeline and History document , and details of the spending of the Levy can be found on the planning policy web page and the CIL Spend web page.
We have produced a list of infrastructure, known as a Regulation 123 List (PDF link) which sets out what we intend to spend CIL monies on.
Planning applicants and developers can use the CIL Calculator (draft) to estimate the potential CIL charges for a development proposal. Please note that it is not intended to provide a definitive answer; this will be calculated by the Council when a Liability Notice is issued after a CIL liable application is approved. The CIL Calculator is still in draft form and does not take into account the CIL Charging Zones although links to the zone maps have been included for reference purposes. See link below for calculator.
For measuring Gross Internal Area please refer to the RICS Code for Measuring Practice (6th Edition) which is incorporated in (page 81 in the document) RICS Property Measurement 1st Edition pdf on the website http://www.rics.org/uk/knowledge/professional-guidance/professional-statements/rics-property-measurement-1st-edition/
http://cilcalc.bathnes.gov.uk/ (web link to CIL Calculator)
CIL Charging Zones - Interactive Maps
You can check which CIL zone your development site falls in by using the Council’s interactive mapping service. There are four maps you can check, please see listed below. Once the map is displayed you can click on the zone to view the CIL Rate.
Residential CIL Charging Zones map (Please note there are 5 Strategic Sites that have different CIL rates than elsewhere across the district. See CIL Charging Schedule for more details)
Please note: The calculator does not take into account “indexation”. Indexation = the index figure for the year in which planning permission was granted i.e. from 6th April 2018 - 5th April 2019 = 319. Divided by the relevant index figure for the year in which the charging schedule (containing the chargeable rates) took effect = 259. Therefore, the latest indexation for this year = 319 / 259 = 1.23 (For reference under the CIL Regulations the index is taken from the November (Q4) of the previous year to the April).
The guidance note below is intended to provide planning applicants and developers with background information on the Community Infrastructure Levy. Bath & North East Somerset Council advises those needing a detailed point of clarity to read the CIL Regulations fully or seek professional advice. Advice can also be obtained from the Government’s Planning Practice Guidance and the Planning Portal.
It is important to note that under the CIL Regulations 2010 (as amended) penalties may will be incurred if the due process is not followed and the relevant forms/notices are not served on the Council (refer to the above guidance document and the Planning Practice Guidance – paragraph 60). The key forms to submit and other forms are below.
NOTE: CIL Liable Development granted under a General Consent e.g. Permitted Development / Prior Approval Notification
Please complete Form 5: Notice of Chargeable Development - where CIL liable development is granted under a General Consent e.g. permitted development, prior approval consent, general development order.
Key Relevant Forms that must be submitted -
Form 0 - CIL Additional Information Requirement Form – this needs to be submitted in all cases.
Form 1: Assumption of Liability Form - this needs to be submitted as soon as possible for CIL Liable development, and before any claim for exemption or relief is made.
Form 6: Commencement Notice Form
Forms for CIL Exemptions and Relief -
Depending on the circumstances, the following forms of relief may be available:
NOTE: These forms must be submitted prior to commencement of development otherwise surcharges will be incurred.
Form 2: Social Housing and Charitable Relief - Claiming Exemption or Relief (NOTE: Form 1: Assumption of Liability Form must be submitted before/at the same time to claim /self build exemption)
Form 8: Self Build Residential Annex Exemption Claim Form (NOTE: Form 1: Assumption of Liability Form must be submitted before/at the same time to claim /self build exemption)
Form 9: Self Build Residential Extension Exemption Claim Form (NOTE: Form 1: Assumption of Liability Form must be submitted before/at the same time to claim /self build exemption)
Other Forms where applicable -
The CIL Regulations 2010 (as amended) specify that CIL rates are subject to annual indexation using the national BCIS All-in Tender Price Index.
Where the CIL payment is less than £25,000 the total payment is due within 60 days of commencement of development.
Where a CIL payment due is equal to or more than £25,000, the payment can be split into 3 instalments over an 18-month period, as set out in the approved B&NES Payment Instalment Policy below, which came into effect on 6th April 2015.
It is important to note that if instalment terms are broken, under the CIL Regulations 2010 (as amended), the Council must issue a demand notice requiring the full amount of money immediately.
Information on the background to the preparation of the CIL Charging Schedule and allocation of CIL can be found following this link.
If you have any questions, please email email@example.com
Last updated: 31 October 2018