Parish boundary change: which parish gets the CIL?

RE: Parish boundary change: which parish gets the CIL?

2025-09-01T11:54:02Z

Thanks for replies.

We've also taken some legal advice and the view is that the neighbourhood CIL should go to the parish where the development currently sits, eg if the parish boundary changes then any CIL payments after that date go to the new parish. Hopefully this helps others in this situation.

Also noted about using AI. I've found it useful in some instances but also prone to false detail, eg quoting the wrong paragraph of the NPPF, or just being wrong or contradictory. Agree it needs to be used with caution.

RE: Parish boundary change: which parish gets the CIL?

2025-08-26T09:10:31Z

And a final reminder to self and others to treat google AI searches with caution - as this shows it simply has come up with 2 opposing scenarios - and while useful, certainly I've found in a number of cases the results are simply wrong. Unless it points explicitly to current legislation or regulations or recect planning I treat it with care.

RE: Parish boundary change: which parish gets the CIL?

2025-08-26T09:12:08Z

No experience in this field but remember the neighbourhood portion is to support the development of the area generally not to mitigate specific impacts from a particular development. In this sense CIL has always fundamentally differed from S106 contributions - and monies can be spent on virtually anything.

I wonder if parish A already has an expectation of how it would have spent the money which will have already been collected at commencement and legitimately been for its area until the boundary is formally changed. Without knowing the amount it is difficult to establish whether parish A will be significantly disadvantaged. Could some kind of transfer be arranged.

Do the two parishes have different infrastructure needs - which ones would be best supported maybe?

RE: Parish boundary change: which parish gets the CIL?

2025-08-21T07:34:03Z

Given that the legislation did not anticipate a scenario such as this, I would be inclined to rely on the basic principle of the neighbourhood fund which is to mitigate or compensate for the impacts of development on a local area. This would suggest that the CIL should be paid to the parish council where the development is located.

Parish boundary change: which parish gets the CIL?

2025-08-20T14:23:55Z

We have a development site within Parish A. It has planning permission and has commenced. Parish B wants to change the parish boundary to move the development site into their parish, as it is closer geographically to the core settlement in Parish B. If the boundary change is approved, which parish gets the neighbourhood portion of CIL from the development, if any future CIL payments are due from the development? If the total CIL due from the development has been paid, would Parish B be able to make any claim on the neighbourhood portion already passed to Parish A?

I can’t find anything in the CIL regs on this issue, the closest being that the planning permission date is the relevant date for whether the 25% payment for a having neighbourhood plan in place applies for a parish. Following the same logic, the parish boundary as it was when permission was first granted determines which parish subsequently gets the CIL.

The PPG is also silent, it includes cases where a development straddles a parish boundary but not where the boundary changes.

Goggle has provided two opposing views on this question, below.

A development was within Parish A when the CIL charge notice was issued. Six months later, boundary changes shift it into Parish B. All CIL payments linked to that development remain payable to Parish A (because liability is locked‐in at charge notice date).

The district council is required to pay the neighbourhood proportion of CIL to the parish council where the CIL-liable development is located. If the location of a CIL-liable development changes from Parish A to Parish B as a result of parish boundary changes, subsequent payments of the neighbourhood proportion of CIL (including any remaining payments in a series of instalments) will be paid to Parish B.

Any views on this scenario would be most helpful. Thanks.