Fill - Free fillable Form 10: Charitable and/or Social Housing Relief Claim (South Somerset District Council) PDF form

Version 2019

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Community Infrastructure Levy (CIL)

Form 10: Charitable and/or Social Housing Relief Claim Form

This form should be used to claim charitable relief and/or social housing relief prior to the commencement of development

Where liability for the levy is shared, this form should be completed by each party wishing to seek exemption or relief from the levy.

Please complete the form using block capitals and black ink and send to the Collecting Authority.

for guidance on CIL generally, including claiming exemption or relief.See

Privacy Notice

This form is provided by Planning Portal and based on the requirements provided by Government for the sole purpose of submitting

information to a Local Authority in accordance with the 'The Community Infrastructure Levy Regulations 2010 (as amended).

Please be aware that once you have downloaded this form, Planning Portal will have no access to the form or the data you enter into it

(unless you choose to upload it to any Planning Portal online service in agreement with the relevant terms and conditions). Any subsequent

user of this form is solely at your discretion, including the choice to complete and submit it to a Local Authority in agreement with the

declaration section.

Upon receipt of this form and any subsequent information, it is the responsibility of the Local Authority to inform you of its obligations in

regards to the processing of this information. Please refer to its website for further information on any legal, regulatory and commercial

requirements relating to information security and data protection of the information you have provided.

Section A: Claiming Relief - General Information

Planning Permission / Notice of Chargeable Development Reference:

Site address:

Description of development:

Details of Development

Page 1 of 8

If your CIL Liability Notice, or revised CIL Liability Notice (if issued), was issued on or after 1 September 2019

Any Relief must be granted by the Collecting Authority prior to the date of commencement of the development otherwise the full levy

charge will be payable. Also, following the granting of any Relief, a Commencement (of development) Notice must be received by the

Collecting Authority prior to the date of commencement of the development, otherwise a surcharge equal to 20% of the notional

chargeable amount or £2,500, whichever is the lower amount, will be applied.

If your CIL Liability Notice, or revised CIL Liability Notice (if issued), was issued prior to 1 September 2019

Any Relief must be granted by the Collecting Authority prior to the date of commencement of the development, and a Commencement

(of development) Notice must also be received by the Collecting Authority prior to the date of commencement of the development,

otherwise the full levy charge will be payable and a surcharge may be applied.

Please note the following in regard to your claim for relief from the levy

Please note: This version of the form should only be used for submissions relating to planning applications in England.

There is a legacy version of the form for use in Wales:

Planning Practice Guidance for CIL

Download the legacy version of this form

Version 2019

Title: First name:

Last name:

Company registration no:

(where applicable)

Address 1:

Address 2:

Town:

Address 3:

County:

Country:

Postcode:

Company

(optional):

House

number:

House

name:

House

suffix:

Unit:

Position:

Email address (optional):

Extension

number:

National number:

Country code:

Telephone number

Claimant Name and Address

Title: First name:

Last name:

Address 1:

Address 2:

Town:

Address 3:

County:

Country:

Postcode:

Company

(optional):

House

number:

House

name:

House

suffix:

Unit:

Email address (optional):

Extension

number:

National number:

Country code:

Telephone number

Agent Name and Address

Page 2 of 8

Type of Relief

Some types of relief are at the discretion of the Charging Authority, such as discretionary charitable relief and discretionary social housing

relief.

Social housing relief

(Please complete Section C including the declaration)

Charitable relief

(Please complete Section B including the relevant declaration)

Discretionary social housing relief

(Please complete Section D including the declaration)

Please select the type(s) of relief being claimed for and complete the corresponding section(s) of the form

Version 2019

Section B: Charitable Relief

If claimant represents a trust of which all the beneficiaries are charities or a unit trust scheme in which all the unit holders are charities,

please state what form this takes (eg a Common Investment Fund)

HMRC tax registration no: (where applicable)

If claimant represents a charity exempt or excepted from registration, please state grounds:

Charity registration no: (where applicable)

Charity Details

Claim Type (Tick 1 box)

*Before proceeding, please check whether your Charging Authority has a policy for granting discretionary charitable relief in its area.

A mandatory exemption for using this chargeable development wholly or mainly for charitable purposes

Discretionary charity relief for holding the greater part of this CIL chargeable development as an investment

from which the profits will be applied for charitable purposes.*

What are your charity's charitable purposes?

How (if at all) does your charity fulfil the criteria in the charging authority's discretionary relief policy? (Maximum 100 words)

What is the intended use of the development and in what proportions?

What is your apportioned CIL liability for this chargeable development? (Use the apportionment assessment at Annex A to calculate this)

Supporting Information For All Charitable Relief

Please provide a breakdown of all the activities of your organisation, including any goods or services it trades in and what these are:

Page 3 of 8

Version 2019

Please complete the relevant declaration below and provide the supporting information:

Declaration - Mandatory Charitable Relief

I wish to be granted mandatory relief for my portion of the CIL liability.

I declare that all the below points apply:

- As indicated in Section B above, I am a person or trust established for charitable purposes only (a “charity”) or I am a trust of

which all the beneficiaries are charities or a unit trust scheme in which all the unit holders are charities; and

- I am an owner of a freehold interest in the relevant land or a leasehold interest in the relevant land of 7 years or more from the

date planning permission first permits the chargeable development; and

- I do not own this interest jointly with a party which is not a charitable institution; and

- the whole or main part of the chargeable development will be used for charitable purposes (whether of myself, or of myself and

other charities); and

- a qualifying charity will occupy or control the portion of the chargeable development used for charitable purposes; and

- I have completed an apportionment assessment to determine the extent of my CIL liability and will submit a revised

apportionment assessment where I make a material disposition of any of the relevant land prior to commencement of

development; and

I understand:

- That my claim for relief will lapse where development commences on this chargeable development prior to the collecting

authority informing me of its decision

- That where mandatory CIL charitable relief cannot apply due to it constituting a State aid, and the charging authority operates

such a policy, my claim may be considered for discretionary relief under regulation 45 of the Community Infrastructure Levy

Regulations (2010) as amended;

- The meaning of a “disqualifying event” for CIL charitable relief and that where a disqualifying event occurs before or after

commencement of development I must inform the collecting authority within 14 days.

- (if my CIL Liability Notice or revised CIL Liability Notice was issued prior to 1 September 2019)

that my claim for relief will lapse if I fail to provide the Collecting Authority with a Commencement Notice prior to the

commencement of the chargeable development to which this application applies; or

- (if my CIL Liability Notice or revised CIL Liability Notice was issued on or after 1 September 2019)

that a surcharge equal to 20% of the notional chargeable amount or £2,500, whichever is the lower amount, will be payable if I

fail to provide the Collecting Authority with a Commencement Notice prior to commencement of the chargeable development

to which this application applies

Date (DD/MM/YYYY):

Name - Claimant:

Date (DD/MM/YYYY):

Or name - Agent:

It is an offence for a person to knowingly or recklessly supply information which is false or misleading in a material respect to a charging or

collecting authority in response to a requirement under the Community Infrastructure Regulations (2010) as amended (regulation 110, SI

2010/ 948). A person guilty of an offence under this regulation may face unlimited fines, two years imprisonment, or both.

Page 4 of 8

Version 2019

Declaration - Discretionary Charitable Relief

I wish to be considered for discretionary relief for my portion of the CIL liability.

I declare that all the below points apply:

- As indicated in Section B above, I am a person or trust established for charitable purposes only (a “charity”) or I am a trust of

which all the beneficiaries are charities or a unit trust scheme in which all the unit holders are charities; and

- I am an owner of a freehold interest in the relevant land or a leasehold interest in the relevant land of 7 years or more from the

date of planning permission first permits the chargeable development; and

- I do not own this interest jointly with a party which is not a charitable institution; and

- The whole or the greater part of the chargeable development will be held by myself or by myself and other qualifying charities as

an investment from which the profits will be applied for charitable purposes (whether of myself, or of myself and other charities);

and

- the portion of the chargeable development held in the manner described above will not be used for ineligible trading activities;

and

- I am satisfied that I meet the criteria advertised by the charging authority for giving discretionary relief; and

- I have completed an apportionment assessment to determine the extent of my CIL liability and will submit a revised

apportionment assessment where I make a material disposition of any of the relevant land prior to commencement of

development; and

I understand:

- That my claim for relief will lapse where development commences on this chargeable development prior to the collecting

authority informing me of its decision

- The meaning of a “disqualifying event” for CIL charitable relief and that where a disqualifying event occurs before or after

commencement of development I must inform the collecting authority within 14 days.

- (If my CIL Liability Notice or revised CIL Liability Notice was issued prior to 1 September 2019)

That my claim for relief will lapse if I fail to provide the Collecting Authority with a Commencement Notice prior to the

commencement of the chargeable development to which this application applies; or

- (If my CIL Liability Notice or revised CIL Liability Notice was issued on or after 1 September 2019)

That a surcharge equal to 20% of the notional chargeable amount or £2,500, whichever is the lower amount, will be payable if I

fail to provide the Collecting Authority with a Commencement Notice prior to commencement of the chargeable development

to which this application applies

It is an offence for a person to knowingly or recklessly supply information which is false or misleading in a material respect to a charging or

collecting authority in response to a requirement under the Community Infrastructure Regulations (2010) as amended (regulation 110, SI

2010/ 948). A person guilty of an offence under this regulation may face unlimited fines, two years imprisonment, or both.

Date (DD/MM/YYYY):

Name - Claimant:

Date (DD/MM/YYYY):

Or name - Agent:

Page 5 of 8

Version 2019

Section C: Social housing relief (Mandatory)

Please indicate the type of social housing you intend to build and where on the site this will be located. A site map

indicating the intended location of the social housing in the chargeable development MUST be attached. Please note that this must

include any qualifying communal areas

Supporting Information for Social Housing Relief (mandatory)

Does your organisation operate separate management accounts for public service and commercial activities? Please supply evidence.

Page 6 of 8

I wish to claim social housing relief on the chargeable development.

I declare that all the below points apply:

- I am an owner of a freehold interest in the relevant land or a leasehold interest in the relevant land of 7 years or more from the

date of planning permission first permits the chargeable development; and

- I have assumed liability to pay the CIL charge on this chargeable development; and

- This chargeable development will include qualifying dwellings as described in the CIL regulations relating to social housing

relief; and

- The degree to which this chargeable development consists of qualifying dwellings is as specified in the relief assessment and I

will submit a revised relief assessment with supporting evidence where this changes prior to commencement of development; and

I understand:

- That my claim for relief will lapse where development commences on this chargeable development prior to the collecting authority

informing me of its decision;

- The meaning of a “disqualifying event” for CIL social housing relief and that where a disqualifying event occurs, I must inform the

collecting authority within 14 days and will be liable to pay some or all of the relief I have claimed.

- That where there is a disposal of any of the land on which these qualifying dwellings will be situated to another person, I must

inform the collecting authority as soon as practicable after this occurs.

- That my claim for relief will lapse where my assumption of liability is withdrawn or otherwise ceases to have effect, or is transferred

to another person.

- (If my CIL Liability Notice or revised CIL Liability Notice was issued prior to 1 September 2019)

That my claim for relief will lapse if I fail to provide the Collecting Authority with a Commencement Notice prior to the

commencement of the chargeable development to which this application applies; or

- (If my CIL Liability Notice or revised CIL Liability Notice was issued on or after 1 September 2019)

That a surcharge equal to 20% of the notional chargeable amount or £2,500, whichever is the lower amount, will be payable if I

fail to provide the Collecting Authority with a Commencement Notice prior to commencement of the chargeable development

to which this application applies

Declaration - Mandatory Social Housing Relief

Name - Claimant:

Date (DD/MM/YYYY):

Or name - Agent:

Date (DD/MM/YYYY):

It is an offence for a person to knowingly or recklessly supply information which is false or misleading in a material respect to a collecting

authority in response to a requirement under the Community Infrastructure Levy Regulations (2010) as amended (regulation 110, SI 2010/

948). A person guilty of an offence under this regulation may face unlimited fines, two years imprisonment, or both.

Version 2019

Section D: Social housing relief (Discretionary)

Please indicate the type of social housing you intend to build and where on the site this will be located. A site map

indicating the intended location of the social housing in the chargeable development MUST be attached. Please note that this must

include any qualifying communal areas

Supporting Information for Social Housing Relief (discretionary)

Is this development in receipt of any other public subsidy? (for example, funding from the Homes and Communities Agency, or

contributions from the local authority towards the provision of affordable housing). If yes, please provide an estimate of how much the

subsidy is worth. (This information is required in order to assess the State Aid implications of any discretionary relief that can be offered).

Page 7 of 8

I wish to claim social housing relief on the chargeable development.

I declare that all the below points apply:

- I am an owner of a freehold interest in the relevant land or a leasehold interest in the relevant land of 7 years or more from the

date of planning permission first permits the chargeable development; and

- I have assumed liability to pay the CIL charge on this chargeable development; and

- This chargeable development will include qualifying dwellings as described in the CIL regulations relating to discretionary

social housing relief; and

- The degree to which this chargeable development consists of qualifying dwellings is as specified in the relief assessment and I

will submit a revised relief assessment with supporting evidence where this changes prior to commencement of development; and

I understand:

- That my claim for relief will lapse where development commences on this chargeable development prior to the collecting authority

informing me of its decision;

- The meaning of a “disqualifying event” for CIL social housing relief and that where a disqualifying event occurs, I must inform the

collecting authority within 14 days and will be liable to pay some or all of the relief I have claimed.

- That where there is a disposal of any of the land on which these qualifying dwellings will be situated to another person, I must

inform the collecting authority as soon as practicable after this occurs.

- That my claim for relief will lapse where my assumption of liability is withdrawn or otherwise ceases to have effect, or is transferred

to another person

- (If my CIL Liability Notice or revised CIL Liability Notice was issued prior to 1 September 2019)

That my claim for relief will lapse if I fail to provide the Collecting Authority with a Commencement Notice prior to the

commencement of the chargeable development to which this application applies; or

- (If my CIL Liability Notice or revised CIL Liability Notice was issued on or after 1 September 2019)

That a surcharge equal to 20% of the notional chargeable amount or £2,500, whichever is the lower amount, will be payable if I

fail to provide the Collecting Authority with a Commencement Notice prior to commencement of the chargeable development

to which this application applies.

Declaration - Discretionary Social Housing Relief

Name - Claimant:

Date (DD/MM/YYYY):

Or Name- Agent:

Date (DD/MM/YYYY):

It is an offence for a person to knowingly or recklessly supply information which is false or misleading in a material respect to a collecting

authority in response to a requirement under the Community Infrastructure Levy Regulations (2010) as amended (regulation 110, SI 2010/

948). A person guilty of an offence under this regulation may face unlimited fines, two years imprisonment, or both.

Version 2019

ANNEX A: APPORTIONMENT ASSESSMENT

Please complete the table below, including the assessment of the percentage of the value of the interest in the relevant land owned

by the claimant:

Name of Owner

Type of Interest

Value of Interest (%)

TOTAL VALUE OF ALL MATERIAL INTERESTS

(MUST EQUAL 100%):

This information will be used to calculate the amount of CIL relief that may be granted on this development. The collecting authority may

choose to carry out its own assessment for these purposes.

ANNEX B: RELIEF ASSESSMENT (SOCIAL HOUSING)

Gross internal area of chargeable development including relevant

communal development (sq m):

Gross internal floorspace on relevant land in continuous lawful use for 6 of the last 36 months that is:

a) To be demolished (sq m):

b) Subject to change of use as part of the development (sq m)

Please attach a site plan indicating the position of qualifying dwellings and qualifying communal development.

Please note that the collecting authority may choose to accept the above assessment or carry out its own assessment to determine the

relief to be granted.

Gross internal area of relevant communal development (sq m):

Gross internal area of qualifying dwellings to which the relevant

communal development relates (sq m):

Page 8 of 8

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