AGENDA ITEM 9 GUIDANCE FOR PARISH AND TOWN COUNCILS ON RECEIVING AND THE USE OF CIL FUNDS Introduction The Community Infrastructure Levy (CIL) was adopted by Full Council on 12 May 2015, with an implementation date of 18 May 2015. This means Wiltshire Council has now become a charging authority for CIL, and any planning decisions made on or after 18th May 2015 could be liable for a CIL contribution. Charging authorities (Wiltshire Council) are required to pass a proportion of CIL receipts to Parish and Town Councils from developments that take place in their areas. This will be 15% of CIL receipts to relevant Parish and Town Councils that do not have a Neighbourhood Development Plan and will rise to 25% in areas with an adopted Neighbourhood Development Plan. To prevent excessive amounts being paid, the payments to areas without a Neighbourhood Development Plan in place will be capped to £100 per council tax dwelling per financial year. This means that a Parish with 500 dwellings cannot receive over £50,000 of CIL receipts per financial year. Annex A sets out the maximum amount that can be paid to each Parish and Town Council in Wiltshire who do not have a Neighbourhood Development Plan in place. In areas that do have a Neighbourhood Development Plan the amount to be paid will be 25% with no cap and therefore, will not be shown on Annex A. Please note the Neighbourhood Plan must be made prior to the CIL monies being received by the local authority in order for the Town/Parish Council to benefit from the 25% levy payment. How the funds will be paid CIL receipts are to be paid to Parish and Town Councils on the following quarterly basis:- Paid in April to cover CIL monies received in the previous January – March; Paid in July to cover CIL monies received in the previous April – June; Paid in October to cover CIL monies received in the previous July – September; Paid in January to cover CIL monies received in the previous October – December. Authorisation for the above payments will be requested in the first week of the Quarterly period to be paid. Once authorised the CIL team will send an email to each Parish / Town Council who are due to receive a payment within the quarterly period. Payment will be made by BACS. If not already done, Please provide the bank account details of your Parish / Town Council to [email protected] so that records can be updated to ensure prompt payment of CIL receipts. How funds are to be spent CIL Regulations state that this proportion of funds must be used ‘to support the development of the local area by funding (a) The provision, improvement, replacement, operation or maintenance of infrastructure; or (b) Anything else that is concerned with addressing the demands that development places on an area.’ This gives Parish and Town Councils considerable freedom to spend their proportion of CIL on things that address the impacts of developments on the area. Examples include: Improvements to village hall New / improved play areas Provision of affordable housing Preparation of a Neighbourhood Development Plan (providing it addresses the demands that development places on the area) Planning Application Fees – monies can be used towards a planning application fee that relates to community proposals. This is a wider definition of how Wiltshire Council can use CIL funds (restricted to infrastructure to support the development of the area). These wider spending powers allow the local community to decide what they need to help mitigate the impacts of development. If a Parish / Town Council has failed to spend CIL funds paid to it within 5 years of receipt or has not applied the funds in accordance with the CIL Regulations, then Wiltshire Council can serve a notice on the Parish / Town Council requiring it to repay some or all of the receipts paid. Wiltshire Council will be required to spend any recovered funds in the Parish / Town Council’s area. Reporting Parish and Town Councils that receive CIL must prepare an annual report detailing CIL funds received and spent. To ensure transparency Parish and Town Councils must publish the following information each financial year: Total CIL receipts; Total expenditure; A summary of what the CIL was spent on; Total amount of receipts retained at the end of the reported year from that year and previous years. Reports can be combined with reports already produced by Parish and Town Councils and should be placed on your websites and a copy of the report should be sent to the following email address at Wiltshire Council [email protected] Please note that the initial CIL payment due may be subject to change if it is subsequently determined that the development is deemed to be entitled to self-build exemption and/or social housing exemption. This may depend on a change in the assumption of liability. As the developer has 3 years to implement a planning permission and the large CIL Liabilities can take up to 2 years to be paid in full, please be aware it may take up to 5 years for all the of the CIL Liabilities to be paid and passed to the Town / Parish Councils. CIL Regulations allow the Charging Authority (Wiltshire Council) to make and implement a CIL Liability Payments Policy which is shown in the table on the following page. Wiltshire Council has the following CIL Payments Policy: Total CIL Liability Instalments Payment Period Up to £35,000 1 100% payable within 60 days of commencement of development £35,000 - £250,000 3 30% payable within 60 days of commencement of development 35% payable within 180 days of commencement of development 35% payable within 360 days of commencement of development £250,000 - £500,000 3 30% payable within 60 days of commencement of development 35% payable within 360 days of commencement of development 35% payable within 540 days of commencement of development Over £500,000 3 30% payable within 60 days of commencement of development 35% payable within 420 days of commencement of development 35% payable within 660 days of commencement of development (or upon completion of development if earlier) Further details If you have any queries, please contact Community Infrastructure Levy Technical Support Officer by emailing [email protected]. Annex A – Maximum CIL receipts Parish Councls without an adopted Neighbourhood Development Plan can receive up to 31st March 2020 Parish No. of Max CIL/annum Dwellings Aldbourne Parish Council 814 £81,400 Alderbury Parish Council 965 £96,500 All Cannings Parish Council 263 £26,300 Allington Parish Council 210 £21,000 Alton Parish Council 118 £11,800 Alvediston Parish Council 46 £46 00 Amesbury Parish Council 5263 £526,300 Ansty Parish Council 60 £6,0 00 Atworth Parish Council 531 £53,100 Averbury Parish Council 249 £24,900 Barford St Martin Parish Council 274 £27,400 Baydon Parish Council 274 £27,400 Beechingstoke Parish Council 66 £6,600 Berwick Bassett & W/Bourne Monkton Parish 19 00£1,90000 CouncilBerwick St James Parish Council 78 £7,800 Berwick St John Parish Council 129 £12,900 Berwick St Leonard Parish Council 22 £2,200 Biddestone Parish Council 263 £26,300 Bishops Cannings Parish Council 1359 £135,900 Bishopstone Parish Council 273 £27,300 Bishopstrow Parish Council 70 £7,000 Bowerchalke Parish Council 170 £17,000 Box Parish Council 1866 £186,600 Boyton Parish Council 80 £8,000 Bratton Parish Council 543 £54,3 00 Braydon Parish Council 27 £2,700 Bremhill Parish Council 407 £40,700 Brinkworth Parish Council 545 £54,500 Britford Parish Council 205 £20,500 Broad Hinton & W/Bourne Bassett Parish Council 265 £26,500 Broad Town Parish Council 249 £24,900 Broadchalke Parish Council 300 £30,000 Bromham Parish Council 834 £83,4 00 Broughton Gifford Parish Council 368 £36,800 Bulford Parish Council 1656 £165,600 Bulkington Parish Council 111 £11,100 Burbage Parish Council 825 £82,500 Burcombe Parish Council 67 £6,700 00 Buttermere Parish Council 26 £2,600 Castle Combe Parish Council 172 £17,200 Chapmanslade Parish Council 297 £29,700 Charlton Parish Council 199 £0019,900 Charlton St Peter & Wilsford Parish Council 38 £3,800 Cherhill Parish Council 324 £32,400 Cheverill Magna (Great Cheverell) Parish Council 253 £25,30000 Chicklade Parish Council 37 £3,700 Chilmark Parish Council 231 £23,100 Chilton Foliat Parish Council 178 £17,800 Chippenham Town Council 15808 £ 1,580,800 Chippenham Without Parish Council 83 £8,300 00 0 00 Parish No. of Max CIL/annum Dwellings Chirton Parish Council 176 £17,600 Chitterne Parish Council 143 £14,300 Cholderton Parish Council 87 £8,700 00 Chute Forest Parish Council 69 £6,900 Chute Parish Council 162 £16,200 Clarendon Park Parish Council 123 £12,300 Clyffe Pypard Parish Council 133 £13,300 Codford Parish Council 397 £39,700 Colerne Parish Council 1101 £110,100 Collingbourne Ducis Parish Council 411 £41,100 Collingbourne Kingston Parish Council 219 £21,900 Compton Chamberlayne Parish Council 55 £5,5 00 Coombe Bissett Parish Council 303 £30,300 Corsham Town Council 5942 £594,200 Corsley Parish Council 330 £33,000 Coulston Parish Council 65 £6,500 Crudwell Parish Council 466 £46,600 Dauntsey Parish Council 255 £25,200 Dilton Marsh Parish Council 852 £85,200 Dinton Parish Council 317 £31,700 Donhead St Andrew Parish Council 210 £21,000 Donhead St Mary Parish Council 505 £50,500 Durnford Parish Council 165 £16,5 00 Durrington Town Council 2831 £283,100 East Kennett Parish Council 45 £4,5 00 East Knoyle Parish Council 333 £33,300 Easterton Parish Council 252 £25,200 Easton Grey Parish Council 41 £4,1 00 Easton Royal Parish Council 121 £12,100