Cil receipts - Public forum - Planning Advisory Service (PAS)

Hi The short answer is yes, authorities must publish each year their CIL reciepts (assuming they have adopted a CIL Charging Schedule). For more detail, see page 38 of the 2010 CIL Regulations (section 62) which state: Reporting 62. (1) A charging authority must prepare a report for any financial year (“the reported year”) in which— (a) it collects CIL, or CIL is collected on its behalf; or (b) an amount of CIL collected by it or by another person on its behalf(whether in the reported year or any other) has not been spent. (2) Nothing in paragraph (1) requires an authority to prepare a report about CIL which it collects on behalf of another charging authority. (3) For the purposes of paragraph (1), CIL collected by a charging authority includes land payments made in respect of CIL charged by that authority, and CIL collected by way of a land payment has not been spent if at the end of the reported year— (a) development consistent with a relevant purpose has not commenced on the acquired land; or (b) the acquired land (in whole or in part) has been used or disposed of for a purpose other than a relevant purpose; and the amount deemed to be CIL by virtue of regulation 73(9) has not been spent. (4) The report must include— (a) the total CIL receipts for the reported year; (b) the total CIL expenditure for the reported year; (c) summary details of CIL expenditure during the reported year including— (i) the items of infrastructure to which CIL (including land payments) has been applied, (ii) the amount of CIL expenditure on each item, (iii) the amount of CIL applied to repay money borrowed, including any interest, with details of the infrastructure items which that money was used to provide (wholly or in part), (iv) the amount of CIL applied to administrative expenses pursuant to regulation 61, and that amount expressed as a percentage of CIL collected in that year in accordance with that regulation; and (d) the total amount of CIL receipts retained at the end of the reported year. (5) The charging authority must publish the report on its website no later than 31st December following the end of the reported year. (6) For the purposes of this regulation— (a) the value of acquired land is the value stated in the agreement made with the charging authority in respect of that land in accordance with regulation 73(6)(d); (b) the value of a part of acquired land must be determined by applying the formula in regulation 73(10) as if references to N were references to the area of the part of the acquired land whose value is being determined. (7) In this regulation— “acquired land” and “relevant purpose” have the same meanings as in regulation 73; “development” has the same meaning as in TCPA 1990; “CIL expenditure” includes— (a) the value of any acquired land on which development consistent with a relevant purpose has been commenced or completed, and (b) CIL receipts transferred by the charging authority to another person to spend on infrastructure (including money transferred to such a person which it has not yet spent); and “CIL receipts” means CIL collected by the charging authority (including the value of any acquired land) but does not include CIL collected on behalf of the charging authority by another public authority but which that authority has not yet paid to the charging authority.

Harriet, thank for that. Can't see for looking. much appreciated.

'Can't see for looking' is a surprisingly common experience with the CIL Regulations? Composite regulations are promised apparently, they might help.....a little? If the Regulations were written in English that would help too? Sorry, I know I should be more positive and constructive.

Makes one wonder if the Plain English campaign will ever manage to transform legal documents; perhaps there is a reason for the complexity....I could not possibly say out loud.

That is a a good point about the unintelligibility of the CIL regulations. However the problem stems in my view from the whole scheme of the regulations which is to require someone to volunteer to assume CIL liability. Because that won't always happen, the regulations then need to provide for liability to default to the landowner, which then leads to drafting complexities.