The Community Infrastructure Levy (CIL) Regulations do not require a direct link between where money is raised and where the money is spent on infrastructure. They leave this to individual authorities to decide how to redistribute CIL income. However, the Regulations do stipulate some of the levy should go to local communities where the development takes place.
CIL must be spent on infrastructure needed to support development of their area. CIL should focus on the provision of new infrastructure. It should not be used to remedy pre-existing problems in infrastructure - unless those problems are made worse by new development. It can be used to increase the capacity of existing infrastructure or to repair failing existing infrastructure. If this is necessary to support development.
Proportion of CIL for local communities
A proportion of CIL is passed to the community where it's raised. This is called the Neighbourhood Portion. The Town/Parish Council will receive 15% of the CIL income raised in the parish (capped at £100 per existing dwelling). Parishes that have an adopted Neighbourhood Plan will receive 25% of CIL that is raised in their plan area (this is uncapped).
As well as the amount of development in an area, CIL income also depends on the actual CIL charge in the area. The charge will be higher in some areas than in others. This is because rates are set based on development viability which varies across Cornwall. The CIL rates across Cornwall are set out in the Charging Schedule.
Development in some areas of Cornwall were found not be able to support a CIL charge. In these areas, CIL rate of £0 per sqm has been set. This means that the Parish or Town Council in those areas will not receive any money back from CIL, as 15% or 25% of £0, is £0. However, it was decided to pass back a proportion of CIL to these parishes.
A guidance document has been produced for Town and Parish Councils who receive a CIL Neighbourhood payment. This can be accessed on the Town and Parish Councils CIL page.
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