Neighbourhood Proportion of CIL and Double-Dipping

Planning Advisory Service (PAS)

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

Suzanne Shaw, modified 8 Years ago.

Neighbourhood Proportion of CIL and Double-Dipping

New Member Posts: 6 Join Date: 05/08/15 Recent Posts

Hi All,

We do not currently have a CIL in place.

We have collected funds through S106 contributions to be used towards provision of a play area and a skate park (two separate projects) however there are currently insufficient funds to deliver the projects.

I have been approached by the Parish Council (who will deliver the project) to establish whether future CIL receipts (generally) could be used towards this project, seeing as we have already collected S106 contributions. They were concerned about double-dipping.

I do not believe this project will appear on the LPA's R123 list so won't receive general CIL funds. It would more likely be a project that could benefit from the Neighbourhood Proportion of CIL.

My initial view was that as double-dipping is directly related the R123 list (and therefore general CIL funds) that the Neighbourhood Proportion once passed to the Parish Council would not be bound by R123(2), and therefore the PC could spend their proportion of CIL receipts in addition to the S106 contributions.

I'd be very grateful to receive your input/comments on this!

Many thanks!

Rebecca Randall, modified 8 Years ago.

RE: Neighbourhood Proportion of CIL and Double-Dipping

Enthusiast Posts: 60 Join Date: 06/05/14 Recent Posts

Hi Suzanne

I think you are right. R.123(2) relates to planning obligations rather than the meanginful proportion. Parish funds are only governed by R.59 so as long as they adhere to that, they can spend it on what they like.

REBECCA STADDON, modified 8 Years ago.

RE: Neighbourhood Proportion of CIL and Double-Dipping

Advocate Posts: 103 Join Date: 05/09/13 Recent Posts

I agree that the Parish Council can use their meaningful proportion on anything they feel is required as a result of development in their area.

Suzanne Shaw, modified 8 Years ago.

RE: Neighbourhood Proportion of CIL and Double-Dipping

New Member Posts: 6 Join Date: 05/08/15 Recent Posts

Thank you both for replying - that's been really helpful!

Suzanne