Under Regulation 123 of the Community Infrastructure Levy (CIL) Regulations councils are required to publish a list of relevant infrastructure "that intends will be, or may be, wholly or partly funded by CIL".
Subject to the requirements of the CIL Regulations, the council cannot require infrastructure to be funded through a planning obligation (Section 106 Legal Agreement) which it is proposing to fund through CIL.
Lewes and Eastbourne will publish an annual report by the 31st December which includes the total receipts and expenditure for the financial year, and a summary of the items of infrastructure to which CIL has been applied.
As Eastbourne is a borough council and Lewes is a district council they have different governance for how CIL Revenue is distributed and subsequently spent.
The CIL revenue for Lewes is apportioned twice. Firstly 15% (or 25% with a Neighbourhood Plan) is passed straight to the relevant parishes/towns. 5% is passed into an administration pot. Secondly the remaining CIL revenue is broken down into three different pots:
- 20% to the community pot
20% to the district pot
60% to the county pot
The CIL revenue for Eastbourne is distributed into three separate funds:
5% to an administration fund
15% to a neighbourhood fund
80% to a county council fund and other infrastructure providers fund
We have produced a variety of CIL Bidding and Spending guidance documents to help you understand the process and framework for how CIL funding will be governed.
The CIL Regulations require a charging authority to:
"Prepare a report for any financial year ("the reporting year") in which -
- it collects CIL, or CIL is collected on its behalf, or
- an amount of CIL collected by it or by another person on its behalf (whether in the reported year or any other) has not been spent"
Charging authorities must publish a report on their website by 31st December each year for the previous financial year. Details of CIL monitoring have been published in both Eastbourne and Lewes Councils Authority Monitoring Report (AMR).