RE: CIL R123 List

Planning Advisory Service (PAS)

Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - Ddoe

Simon Pickstone, Addaswyd 8 Years yn ôl.

CIL R123 List

Advocate Postiadau: 104 Dyddiad Ymuno: 22/04/2013 Bostiadau diweddar

I have always assumed that one can only spend CIL money on items already on the R123 List. This isn't a major issue in many respects given one can add to or amend the list relatively quickly and easily...however, is it strictly true that it has to be on the list in order to spend CIL money on it? Is it explicitly set out anywhere...?

Thanks, Simon

cil r123

Daniel Hudson, Addaswyd 8 Years yn ôl.

RE: CIL R123 List

Advocate Postiadau: 121 Dyddiad Ymuno: 25/04/2012 Bostiadau diweddar

My understanding is that provided any spending falls within the definition of infrastructure within the regs, you are not bound by the R123 list. The primary purpose of the R123 list is to identify those items for which S106 agreements will not be sought.

Simon Pickstone, Addaswyd 8 Years yn ôl.

RE: CIL R123 List

Advocate Postiadau: 104 Dyddiad Ymuno: 22/04/2013 Bostiadau diweddar

Thanks Daniel that is useful, does anybody have a different view?

Former Member, Addaswyd 8 Years yn ôl.

RE: CIL R123 List

Daniel is correct, CIL receipts can be spent on anything that fits within the definition of infrastructure. The general expectation however is that it would be spent on items that appear on the Infrastructure Delivery Plan.

Simon Pickstone, Addaswyd 8 Years yn ôl.

RE: CIL R123 List

Advocate Postiadau: 104 Dyddiad Ymuno: 22/04/2013 Bostiadau diweddar

Thanks Tony, would you go further and agree the same applies in terms of the R123 List i.e. "the general expectation is that it would be spent on items on the R123 list"?

Former Member, Addaswyd 8 Years yn ôl.

RE: CIL R123 List

There is such an expectation amongst those who don't understand the purpose of the Reg.123 list! The Regs. however don't intend that that should be the case.

Daniel Hudson, Addaswyd 8 Years yn ôl.

RE: CIL R123 List

Advocate Postiadau: 121 Dyddiad Ymuno: 25/04/2012 Bostiadau diweddar

I guess whilst there is nothing in the regs to compel you to stick to the R123 list, ultimately CIL is justified on the basis of there being an identified infrastructure gap to address needs identified in the Local Plan.

If, in practise, most CIL reciepts are spent on items which are not identified as critical infrastructure and do not have a clear relationship with development proposed in the Local Plan, it could call the justification for operating the CIL in the first place into question. It would be open to a developer to challenge the CIL in the courts on the grounds that the entire CIL scheme is no longer justified.

Simon Pickstone, Addaswyd 8 Years yn ôl.

RE: CIL R123 List

Advocate Postiadau: 104 Dyddiad Ymuno: 22/04/2013 Bostiadau diweddar

Thanks guys...your contributions are are very helpful. Cheers, Simon