Duty to pass CIL onto local councils

Planning Advisory Service (PAS)

Open group | Started - July 2012 | Last activity - Today

Former Member, modified 9 Years ago.

Duty to pass CIL onto local councils

Hi All

Can somebody help with my interpretation of Reg 59A?

We have a parish on the fringe of the main town that is developing a neighbourhood plan. Their neighbourhood area will not include that part of the parish adjoining the town where an SUE is designated to be built out. Therefore, with regards Reg 59A, I am presuming the following applies once the neighbourhood plan is approved:

(a) 25% of CIL receipts raised from development within the neighbourhood area gets passed onto the parish council, and

(b) 15% of CIL receipts raised from development in the SUE (which is outside the neighbourhood area, but inside the parish boundary), gets passed onto the parish council, and

(c) the 15% is subject to the annual £100 per household cap.

Hope somebody can help.

Thanks,

Tim.

Daniel Hudson, modified 9 Years ago.

RE: Duty to pass CIL onto local councils (Answer)

Advocate Posts: 121 Join Date: 25/04/12 Recent Posts

I think you've got this right

As I read Regulation 59A, the requirement to pass 25% of receipts to the Parish Council applies only to 'that part of a Parish that has a Neighbourhood Plan in place', and it is clear that for parts of the Parish outside the Neighbourhood Planning Area, you should only be passing on 15%.

I think the £100 per existing dwelling cap is applied only outside the Neighbourhood Planning Area.

However In establishing the point at which the cap bites, I think that the cap is calculated on the basis of £100 per existing dwelling across the whole Parish area - ie both inside and outside the Neighbourhood Plan area. So if there are no dwellings currently within the SUE, you will not be able to cap the Parish Council contribution at zero!

Former Member, modified 9 Years ago.

RE: Duty to pass CIL onto local councils

Thanks Daniel

Also, in regard to your query about small extensions, we take the pragmatic approach as a few other LPAs do.

One of our planning admin team does a first sift of all new applications and only if there's a liklihood that the development will be CIL liable do we chase them for the additional information form. For extensions that look close to 100sq.m we do a measure check and go from there. We also offer support filling the form out as it's not that easy if you are new to it. Better to get it right first time than have to go back to the developer with more queries.

All the best,

Tim.