In accordance with Regulation 56 of the Community Infrastructure Levy Regulations 2010 (as amended), Bassetlaw District Council gives notice that exceptional circumstances relief is available across the district.
The Council will accept claims for exceptional circumstances relief from 1 June 2024. The 2013 Exceptional Circumstances Relief Policy ceased to have effect on the 31 May 2024. Relief must be claimed and approved prior to the commencement of the chargeable development.
The Regulations allow charging authorities to grant relief from liability to pay CIL if it appears to the charging authority (the Council) that there are exceptional circumstances which justify doing so and the Council considers it expedient to do so.
The CIL rate in Bassetlaw has been set at a level that most relevant development can afford; this is supported by viability evidence that takes into account the development specific developer contributions, including affordable housing. As such, the exceptional circumstances where this policy will be applied are rare.
Each case will be considered individually and the decision on whether relief should be granted will be at the discretion of the Council. Use of an exceptional circumstances relief policy enables the Council to avoid rendering sites, with specific and exceptional cost burdens, unviable. Submitting a planning application that, at the time of application is financially unviable due to the CIL charge, is unlikely to constitute an exceptional circumstance in terms of the CIL Regulations.
Who is eligible for exceptional circumstances relief?
For exceptional circumstances to be considered the Regulations require that:
- a planning obligation pursuant to S106 of the Town and Country Planning Act 1990 is in place in relation to the planning permission for the chargeable development.
- the person claiming relief must be an owner of a material interest in the relevant land.
- the amount of relief granted must not be sufficient to qualify as notifiable state aid.
A claim for relief must be submitted in writing, using the exceptional circumstances relief form, and be received and approved by the Council before commencement of the chargeable development. This must be accompanied by:
- an assessment carried out by an independent person of the cost of complying with the planning obligation
- an assessment carried out by an independent person of the economic viability of the chargeable development
- an explanation of why payment of the chargeable amount would have an unacceptable impact on the economic viability of that development
- where there is more than one material interest in the relevant land, an apportionment assessment
- declaration that the claimant has sent a copy of the completed claim form to the owners of the other material interests in the relevant land (if any).
Disqualifying Events
A chargeable development ceases to be eligible for exceptional circumstances relief if there is a Disqualifying Event before it commences:
- receiving CIL relief for charitable or social housing
- the site (or part of the site) is sold
- the chargeable development does not commence within 12 months from the date on which the Exceptional Circumstances Relief is granted.
Last Updated on Thursday, May 30, 2024