North Somerset CIL and Extra Care Exemption Success

August 29, 2017 10:13 am Published by

Tetlow King Planning (TKP) have recently had a success in arguing the case for C2 extra care developments be exempted from having to pay Community Infrastructure Levy (CIL) payments on new build development in North Somerset.

As part of its monitoring of emerging Local Plan and CIL policies for the South West HARP planning consortium, TKP appeared at the examination hearing of the North Somerset CIL which had initially proposed a charge of £40 per square metre towards extra care developments (under Use Class C2 of the Town and Country Planning (Use Classes Order) 1987, as amended), thereby treating them as akin to general housing provision (Use Class C3).

TKP advised the Planning Inspector examining the CIL of the differences that exist between extra care and general housing in terms of their characteristics and funding: including the construction programme of C2 schemes, the cost implications of additional facilities and services, and the level of care provided within these developments. This led to the Inspector summarising at Paragraph 68 of their Report that: “the ‘extra-care’ dimension of C2 accommodation involves the setting up of an integrated care team on the site, together with specialist equipment, all of which is expensive and needs to be in place from the outset. These considerations all point to a fundamentally different viability model to C3 housing schemes”.

As a result of these findings, the Inspector concluded that extra care developments (under Use Class C2) be given a ‘Nil’ rate across the entire local authority, and be exempt from contributing towards the North Somerset CIL. The Inspector provided a definition of C2 extra care housing:

“Accommodation available to rent or buy for older people or others in need of care and which meets the following criteria:

  • Residents are subject to an assessment of minimum care needs to establish eligibility to buy or lease a property; and
  • Residents are required to purchase a ‘minimum care package’ as a condition of occupation, to include at least 2 hours of domiciliary care per week focused on the health and social care needs of those residents; and
  • The development has a minimum non-saleable floorspace in excess of 30% of GIA.”

TKP Chairman Robin Tetlow and Managing Director John Sneddon agreed that this was an “excellent outcome” for TKP and for future extra care developments going forward. They especially noted that the Inspector’s Report read very well and can be applied to other schemes falling under a C2 use. The full report can be read here.