Community Assets No 5 - CIL - Changes under the Localism Act 2011

Section 115 et al of the Localism Act 2011 (November 2011) make significant changes to the community infrastructure levy (CIL).  

CIL was originally conceived as providing (some) funds for new infrastructure to support new development. Now it could be argued that CIL has been adapted to provide (some) funds for supporting old development as well as new development. In past times, it might be argued, that a regime of largely uncontrolled section 106 Agreements provided an opaque, ad hoc way of funding  new infrastructure and support for existing  "fabric" in our communities. With CIL the Agreements were expected to fade away unless on-site or site-specific-but-off-site infrastructure was needed for a particular development project.

The changes seem to address the issue. They include the following:

1  Section 115 (5)(a)(ii) on the use of CIL provides amendments to the Planning Act 2008. Thus instead of just funding infrastructure CIL may be used to support development by funding: 

• provison of (new) infrastructure,
• improvement of (existing) infrastructure,
• replacement of (existing) infrastructure,
• operation of (existing and new) infrastructure, or
• maintenance of (existing and new) infrastructure.

[Note: The words in italics are added by me and four of the five "infrastructure" words are mine and superfluous - the Act's textual layout is more than appropriate.]

2 Section 115 (6) is a (seemingly) wide addition to the Planning Act 2008 (by the insertion of a new section 216A). There is now a duty imposed on the charging authority (by forthcoming regulations) to pass funds to a "person" who will hopefully use the money for things listed above but also:

• concerned with addressing demands that development places on an area

This is the provision widely acclaimed as enabling neighbourhoods to have CIL monies (if any). The terms person does not say "neighbourhood" and area could go much wider than for instance a parish council area.