Spending CIL income - Public forum - Planning Advisory Service (PAS)
Grŵp agored
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Wedi dechrau - Gorffenaf 2012
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Gweithgaredd diwethaf - May
Spending CIL income
Can anyone clarify the rules about how we spend CIL income in relation to the R123 list. My understanding of the R123 list is that it sets out the types and items of infrastructure that the LPA wishes to fund (in part or whole) through CIL. The LPA is then unable to seek S106 contributions towards those types/items of infrastructure. When it comes to spending CIL income, are we restricted to spending it on items/types of infrastructure specified on the R123 list? I cannot see anything in the regulations that clearly indicates whether this is the case or not. In theory, could you have a short R123 list of items that you know you won't want to collect S106 towards, and spend CIL income on other infrastructure, as long as it supports the development of your area? Any advice much appreciated.
From memory, you can only fund things on the list but it is quite easy to change the list which solves the in/out problem.
CIL income can be spent on anything that constitutes "infrastructure" as defined by s.216 of the 2008 Act and theCIL Regs. It is not limited to those items on the R123 list. The only purpose of the R123 list is in relatiion to the future use of s.106 agreements. The new CIL guidance published in December now makes it more difficult to make changes to teh R123 list.