On-going CIL costs - Public forum - Planning Advisory Service (PAS)
On-going CIL costs
I have a couple of questions re. CIL
Firstly, can CIL be used to fund on-going maintenance? For example, if a new green space is being created, and is initially funded through CIL, can CIL be used to fund the on-going maintenance of that green space for x years? Similarly if new homes are created and refuse bins are obviously needed, then if CIL is used to purchase the bins, can it be used to fund the emptying of those bins for x years.
Secondly, if a developer funds a new green space as part of the large development and once completed it is adopted by the local authority, can CIL be used to maintain that space and or replace 10 years down the line play equipment for example? Furthermore, assuming there is on site provision as part of an application, would the developer be required to pay an equivalent charge of CIL (i assume not) as they have provided on-site. Or, does S106 come into play with that scenario?
Thanks
Chris Berry
Coventry CC
Chris,
Reg. 59 as amended in 2012 makes it clear that CIL income may be used for "..... the maintenance of infrastructure to support the development of the area". There is no requirement in the Regs. for the infrastructure to have been funded by CIL in the first place.
I'm not totally clear as to what you mean by your last question but CIL and site specific s.106 requirements are completely seperate.
Chris,
Taking your questions in turn:
1) Yes - as per Tony's comment, CIL can be used for maintenance.
2) If a developer provides a space through S106, I think it would be hard to use CIL for that, due the restriction on using CIL and S106 for the same infrastructure.
3) On-site provision of a play park would have to be managed through S106 as CIL is a financial contribution (land can be donated in lieu of CIL in some circumstances, but works-in-kind). The CIL would be paid on top of any such in-kind contributions, e.g. there would not be any discount for the works-in-kind.
Your Regulation 123 list needs to set out what will be funded through CIL and what through S106.
Sorry, a couple of other things that have now occured to me:
- Your suggestion about CIL being used to replace play equipment 10 years down the line. The obvious question here is how does that comply with the requirement that CIL be used to "support development"?
- The rule about CIL and S106 not being used for the same infrastructure does not apply to the 15% of the CIL that goes to Parish Councils. So in the event that your Parish Council take on the maintenance of said play park, I guess they could use the CIL to help fund the initial maintenance.