Tell us what you think about proposed amendments to Lambeth’s Regulation 123 List.
The Regulation 123 List (CIL funding)
The Regulation 123 List is a requirement under Regulation 123 of the CIL Regulations 2010 (as amended). It sets out the types of infrastructure projects that the council intends will be, or may be, wholly or part funded from the Community Infrastructure Levy (CIL).
Lambeth CIL came into effect on 1 October 2014 and is levied on any new development larger than 100m2 of new build floor space or comprises one or more dwellings.
It sets a non-negotiable charge which allows the council to raise funds from developers who are undertaking new construction projects to spend on specific infrastructure set out in the Regulation 123 List (The List).
The Regulation 123 list does not prioritise infrastructure funding or impose limits on the Council’s power to decide on how to spend the CIL.
Section 106 funding
The Regulation 123 List prevents the Council from seeking Section 106 planning obligations to fund infrastructure projects that are included in the List.
Section 106 of the Town and Country Planning Act 1990 gives councils the power to enter into legal agreements with developers in order to make a proposed development acceptable in planning terms where it would otherwise be unacceptable.
Legal agreements may include a requirement for the developer to pay financial contributions to compensate for any loss or damage caused by their development, or to mitigate a development’s wider impact.
Proposed amendment to our list
We want to amend our List to make it easier to understand:
- What is included in it will be funded through CIL;
- Funding for what is not included in it will be sought through Section 106 planning obligations or Section 278 Highways agreements.
We believe that CIL should fund strategic infrastructure, i.e. infrastructure that will benefit the entire borough, or one or more neighbourhood areas within the borough. Section 106 agreements negotiated to provide site-specific mitigation, i.e. measures that will deal with a development's impact on its immediate environs, or vicinity or to compensate for any loss or damage that will be caused by the development.
Everyone is welcome to comment on the Draft Amended Regulation 123 List and supporting documents. Consultation runs from 8 January 2018 to 5 February 2018.