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The Community Infrastructure Levy (Amendment) Regulations 2013

Date: 19/2/2013

  • POS Initial Response:

The draft CIL regs have now been published and laid before the House

These cover the operation of the 'meaningful proportion' (regs 59a and b). One  thing that has now been made clear is that where there is a neighbourhood plan in place the 25% will go the parish council, even if the neighbourhood plan doesn't cover the entire parish or was promoted by another body. Still unclear what happens in non-parish areas -  initial reading of the regs is that even where there is a neighbourhood plan in place the spending of the 25% meaningful proportion reverts back to the charging authority, to be spent following engagement with the local community in accordance with guidance yet to be published. Where spending reverts to the charging authority there is still greater freedom on how the meaningful proportion can be spent (reg 59c) - either on infrastructure or 'anything else that is concerned with addressing the demands that development places on an area'. Charging Authorities can ask for the money back from parishes if not spent within 5 years (59e). There is a cap of £100 per council tax dwelling in the parish council area per year where there is no neighbourhood plan in place. it is assumed that this means if the amount collected in a parish in respect of a chargeable development (15%) would have been more than the £100 per household, the remainder reverts to the charging authority to be spent with its other CIL funds, rather than held over for the next year or otherwise retained for neighbourhood spending. If there were 2 such chargeable developments in any year presumably they would get 2x£100 per dwelling.

The regs also deal with Mayoral Development Corporations, and 'knock-ons' from the neighbourhood funding re enforcement, reporting and S106. Neighbourhood funding will be implemented as soon as the regs come into force, probably 1st April, and Charging Authorities will have to make provision for neighbourhood funding for any development for which a liability notice is served after the regs are in place.

Graham Jones, CIL & Infrastructure Planning Topic Forum Convenor

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