CIL V POWERS

Question

CIL allows PCs to spend money on infrastructure items  of their  choice .  Is it however still restricted by its powers ?  So as  an example PCs are restricted to traffic calming works when it comes to Highways .  Could it therefore if it so wishes pay the district Council to repair some potholes or replace defective gullies

Answer 1

Here is the extract from my own Unitary Authority guidance:

6.What can the Neighbourhood Portion be spent on?

6.1.CIL Regulation 59C sets out that a local council must use CIL receipts passed to it to ‘support the development of the local council’s area, or any part of that area, by funding:

1. a)  the provision, improvement, replacement, operation or maintenance of infrastructure: or

2. b)  anything else that is concerned with addressing the demands that development places on an

   area͛.

6.2.The Town or Parish Council can pass back CIL to the Charging Authority to support the delivery of infrastructure projects and/or maintenance of infrastructure that the local council does not have jurisdiction or responsibility for, e.g., extensions to schools. Local councils may also wish to pool their CIL receipts with other neighbouring local councils to deliver some infrastructure that will be mutually beneficial.

4

6.3. Unlike the Strategic Share, local councils can spend their Neighbourhood Portion on the provision of affordable housing.

6.4. CIL payments to Zone 5 areas will be made from the Strategic Share, and so those parishes must spend the CIL they receive in line with the rest of the Strategic Share, as set out in CIL Regulation 59(1):

͚/must apply CIL to funding the provision, improvement, replacement, operation or maintenance of infrastructure to support the development of its area͛.

So looking at that guidance and focussing on the elements of para 6.1(a), I would say it looks like you "could" offer to pay highways to do what they should be doing anyway.  

Whether it is morally right to use money siphoned off a development by way of a compensatory measure for the community enhancement and spending it on "routine" departmental output wouldn't sit right with me...