CIL Regulation 123 list 2016-17
In accordance with the National CIL Regulations, Shropshire Council is required to publish a CIL Regulation 123 List identifying those infrastructure needs which will be delivered in full or in part through the use of CIL.
Where an infrastructure item is included within the CIL Regulation 123 List, in accordance within the National CIL Regulations (as amended), Section 106 Planning Obligations and Section 278 Highway Agreement (apart for where this agreement is drawn up by the Highways Agency) cannot also be used to secure this item. Whilst developers may be required to provide contributions to infrastructure through a variety of mechanisms, this restriction was introduced so that there is no duplication between the various types of developer contributions.
CIL income from new development can be spent on anything that constitutes "infrastructure" as defined by Regulation 216 of the 2008 Planning Act and the National CIL Regulations (as amended). This includes but is not limited to roads and other transport facilities, flood defences, schools and other educational facilities, medical facilities, sporting and recreational facilities, and open spaces.
Shropshire Council recognises that infrastructure needs very from place to place and priorities vary over time in response to different development pressures. Shropshire’s infrastructure requirements are therefore detailed within Shropshire’s Implementation Plan and supporting Place Plans. An annual process of review is well established for these which ensures widespread and continual engagement in identifying and prioritising Shropshire’s infrastructure requirements both with the local community and local infrastructure and service providers. The Implementation Plan and supporting Place Plans therefore provide a robust evidence base to assist in the targeted use of developer contributions as well as a mechanism for coordinating all available resources around an agreed set of priorities within a particular place.
The annual review of the Implementation Plan and Place Plans informs the CIL Regulation 123 List, thereby ensuring the infrastructure requirements to be delivered through CIL are informed by local evidence of need and based on robust local consultation. The CIL Regulation 123 List is annually signed off by Cabinet, following the process set out in the Core Strategy and its accompanying Developer Contributions Supplementary Planning Document and Code of Practice.