CIL and S106 - parish and town councils

Please note these questions and answers are not inclusive and you are advised to refer to the slide show presentation and the CIL pages of this website. The Planning portal is also a good point of reference.

What zone does my parish lie in?

The charging schedule contains the map detailing the 3 charging zones.

How do we access our CIL contributions?

Monies will be sent to the Parish/ Town council in the same way as S106 contributions are – a letter will be sent to the Clerk to inform them. Details will also be included in the annual statement.

When will we receive our CIL contributions?

It is intended that any CIL contributions collected by SDC due to parishes will be sent to them in April and October every year. Any contributions made will be accompanied by a statement showing a breakdown of the payment.

What can we spend the CIL contributions on?

CIL contributions can be spent by the Parish/Town council on the provision, improvement, replacement, operation or maintenance of infrastructure (such as open spaces, village halls, leisure facilities, schools etc.) or anything else that is concerned with addressing the demands that development places on an area.

Unlike S106 monies, approval for spending is not required from SDC, however it must be noted that Parish/Town councils are accountable for what projects the monies are used and that details of projects, spending ect will be added into the SDCs’ annual report.

Is there a time limit to spend our CIL contributions and what happens if we don’t use it?

Monies do not need to be spent immediately and can be used to top up other funds and projects. However, monies not used within 5 years of the date received will be returned to SDC to be incorporated into the Councils infrastructure pot for funding projects district wide (unlike S106 funds which are returned to developers).

How will we know what we have to spend?

An annual statement will be sent to all Parishes in April.

Can we use another’s Parish Councils money?

If a Parish/Town Council wishes to provide money to another Parish/Town there is nothing to prevent this but as the likelihood would be that this money will not benefit the original parish’s infrastructure detail of why this would be done will need to be clearly shown to the local electorate.

Can we buy land with our CIL monies?

No – monies cannot be used to purchase land – however if the land is available it could be used to provide something on the land- i.e. you can’t buy the land for a new village hall but you could use the funds to build the hall

Can we combine S106 funds with CIL contributions?

Yes but this will need to have been received by the Parish/Town and included in the S106 funding bid.

What happens to any existing S106 agreements?

Existing agreements will continue in the same way as present – we are developing a more robust system to access S106 funds, including new forms and procedures and these will be passed onto Parish clerks in the next few months. (In the meantime the current system applies.)

What will happen with any new S106 agreements?

New S106 agreements are highly unlikely to include any contributions for off-site ROS which will be passed onto Parish/Town Councils. This is because off site Recreational Open Space contributions will no longer be requested in any new agreements as contributions can only be requested if there is a specific development related requirement –such as a school or health centre.

CIL will be the way funds from developments are passed onto local communities.

How will we know if an application is S106 or CIL?

CIL is an obligatory charge on new buildings and extensions according to their floorspace and is therefore technically liable on most applications – however there are exemptions and reliefs available so it should not be assumed that all development in your area will result in some CIL funds for the Parish/Town councils.

Our charging schedule details which types of development, will be liable for a charge from SDC and details of exemptions and reliefs available.

A development can be liable for both CIL and a S106 agreement but see the above response with regards new S106 agreements.

How do we get 25% rather than 15%?

Parish/Town Councils will receive 15% of the CIL charge on each development in their area.

If the Parish/Town has an adopted neighbourhood plan this would be 25% of the CIL charge.

How do we do a Neighbourhood plan?

Parish and Town Councils should note the average Neighbourhood plan costs £20k and takes an average of 3 years to produce.

Further details can be obtained from our Planning Policy team but please also refer to the slide presentation linked at the top of this page for more information.