Pooling of contributions - Public forum - Planning Advisory Service (PAS)
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Wedi dechrau - Gorffenaf 2012
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Gweithgaredd diwethaf - Heddiw
Pooling of contributions
It is our understanding that a charging authority that has introduced CIL or after April 2014 can pool no more than five contributions using planning obligations for a type of infrastructure (i.e. education and transport) since 6 April 2010 under Reg 123 (b). However, I attended a CIL Seminar on 14 June last year and I understand that it will be possible to include an infrastructure type on the Regulation 123 list and specifically exempt site specific infrastructure to enable it to be delivered through a S106 agreement. For example, primary schools can be on the Reg 123 list to be funded by CIL but the Charging Authority can specifically exclude the provision of a new primary school at site xyz to enable it to be secured by S106. However, my question would be whether or not we could exclude specific sites from the Regulation 123 list and ask for on-site provision albeit we may have collected more than five developer contributions since 6 April 2010 already? I would be grateful for your advice.
You cannot pool any more than 5 planning obligations after April 2014 or adoption of a CIL whichever is the earlier back to the start date of April 2010. When you have reached April 2014 or adoption -if you have pooled 4 since April 2010 you can pool one more. If you have pooled 20 between April 2010 and April 2014 ( or adoption) you can still collect these 20 you just can't have any more. You can write your Reg 123 list to omit a particular school development or type of development but that does not affect the rule that no more than 5 obligations should be pooled after 2010 and 2014 or adoption. There are other discussion threads that discuss pooling obligations - you might want to chec them out.
Thank you very much Gilian. Just for the benefit of doubt: - In the event that we have already entered into more than 5 obligations for school provision in our area and we now have an application for a large housing development with a new on-site primary school – would the school need to be funded by a CIL contribution once CIL is in place or after April 2014 or can a S106 obligation be entered into specific to the provision of the new school? Many thanks in advance. Heike
It all comes down to how you describe your obligation and how you describe infrastructure in your reg 123 list -your CIl spending list. If you call it provision of education on your obligations you can have up to 5 after 2010 and adoption or April 2014. If you say it is obligation for extension to st john primary you can have 5 of them. Therefore there is benefits in being specific.