Agenda item - Community Infrastructure Levy (CIL) relief policies

To approve the introduction of a discretionary Social Housing Relief and an Exceptional Circumstances Relief.

Resolved that the Planning and Transport Policy Sub-Committee:-

a) approved the introduction of discretionary Social Housing Relief (SHR) for former SDC and SSDC areas and criteria for assessing discretionary SHR (Appendix 2).

b) approved an Exceptional Circumstances Relief (ECR) policy applicable across all three charging areas as set out in Appendix 3, including criteria for assessing applications for relief.

c) authorised the Head of Planning/Chief Planning Officer to give formal notice that the above reliefs are available in the former SDC, SSDC and TDBC areas from 25th January 2024 and the Council will begin accepting claims for such relief pursuant to the notification requirements of Regulations 49B and 56 of the Community Infrastructure Levy Regulations 2010.

d) agreed that applications for CIL relief to the value of £500,000 and above shall be determined by the Planning and Transport Policy Sub-Committee.

e) agreed that applications for CIL relief below the value of £500,000 shall be delegated to the Head of Planning/Chief Planning Officer in consultation with the lead Member for Economic Development, Planning and Assets.

f) noted the current CIL infrastructure spending priorities and would consider priorities and requests for spend on specific schemes at a future meeting.

The Service Manager for Planning Policy, Nick Tait, introduced the report which provided a summary of the current position in respect of the Community Infrastructure (CIL) across Somerset Council and sought to provide a consistent approach in terms of any discretionary relief by setting out a single common policy and criteria to be used when assessing applications for the relief. It also delegated approval for applications for relief of up to £500,000 to the Head of Planning.

The Sub-Committee discussed the report and the following points were raised:-

· Councillors queried whether those areas outside of the CIL zone could be included.

The Service Manager advised that they could be included but that they would need to be added area by area, which would be best actioned once a single Local Plan had been adopted.

· Councillors queried the application process.

The Service Manager gave clarification on the application process.

· Councillors sought assurance that a uniform approach would be used for the viability studies as the Council had inherited five Local Plans from the former County and District Councils to be used as part of the application process.

· Councillors queried how many claims were likely to be submitted.

The Service Manager advised that in the former Sedgemoor District Council, they had received three of four claims in 2015, so they were rare.

· Councillors queried whether there was a right of appeal in the application process.

The Service Manager advised that an appeal would be carried out through a Judicial Review.

· Concern was raised that the policy felt that it either gave all or nothing as an award. Councillors further queried whether a percentage rate could be applied.

The Service Manager advised that the amount awarded would rely upon the viability study and the application.

· Councillors requested that all decisions should be reported back to the Sub-Committee as an update report.

· Councillors queried the lack of an end date for the CIL funds which were ring-fenced for the tidal barrier, mentioned on page 26 of the report and were reluctant to approve without an end date being specified.

The Service Manager advised that the funding was in place until the barrier was delivered. He also advised that there would be a member briefing on CIL funding and information on the tidal barrier would be included.