Community Infrastructure Levy No 2 - Town and Parish Councils - Role and Activities Update No 1 24 November 2011

In areas where the community infrastructure levy (CIL) is being adopted, part of the cost of local and sub-regional infrastructure is met by the tax. In effect such infrastructure is that needed to support local areas which are to get increases of development, eg offices , dwellings, etc.

However, for the time being the cost of infrastructure which is specific to a particular development site is likely to be met by a section 106 Agreement. Similarly, where CIL is not adopted the aggregate of monies arising under section 106 Agreements may be thought of as contributing to local and possibly sub-regional infrastructure. 

The arrangements for CIL are being developed largely by second tier local authorities, ie local planning authorities - such as district councils. It might be expected that parish and town councils will no doubt have or may intend to have a wish list of local infrastructure - which will be in accord with their duties and discetionary powers. 

 If such a council, say parish council has not prepared a list the members may find that their undeclared needs are not realised under CIL. Under the CIL arrangement "neighbourhoods" are destined to receive some of the CIL for local infrastructure improvements. Furthermore, under the Localism Act 2011 (Royal Assent 15 November 2011) such neighbourhoods are parish councils (and hence town councils) and neighbourhood forums.

It seems imperative, therefore, that where CIL is adopted by say, a district council the "neighbouhood", level local authorities should have in place their wish list for infrastructures which need attention. The "attention" is more than just provision but includes repair and maintenance, operating etc. The list of infrastructures might include:

• green infrastructure - allotments, footpaths, and cycleways;
• community buildings and amenities - village halls, and play areas; and,
• health facilities, eg doctor's surgery. 

Elsewhere in the Localism Act 2011 there are provisions for a list of assets of community value to be prepared by say. the district council. No doubt CIL monies might be used for acquisition this context.