The spending of Strategic and Neighbourhood Infrastructure Levy has been the subject of some controversy in Brent with the amount of unspent funds piling up over the years. The Lib Dems have urged wider use of the funds and having dismissed the proposal initially, the Brent Labour Administration recently changed its mind and approached the government to loosen up the rules.
From Brent Infrastructure Spending Statement December 2024
The Neighbourhood CIL (NCIL) has gone through a number of different processes to choose which projects benefit, including special meetings where a public vote takes place. Cabinet recently decided on an officer led approach (see image ) which removes the public from detailed decision making.
The Officers' report going to Cabinet on September 8th lists projects above £100k in value that Cabinet has to approve, and those below £100k which the Lead member has already signed off after a Panel recommendation.
In the past it has been claimed that CIL should only be used for capital projects (such as a building or equipment), when bids have been put forward requiring, for example, a salary to be paid. Revenue can be allocated to ensure the maintenance of the capital project.
Officers in this report, put forward a rather more nuanced interpretation of the rules that appear to allow for wider use (rather hesitantly it must be said):
Under the CIL Regulations, the neighbourhood portion of the community infrastructure levy is to be applied to:
(a) the provision, improvement, replacement, operation, or maintenance of infrastructure (which is defined as set out in paragraph 9.1 above); or
(b) anything else that is concerned with addressing the demands that development places on an area.
The issue that arises is whether the wording of the second ‘limb’ (‘anything else…’ etc) allows an authority to spend the neighbourhood portion on any projects that can be shown to address the demands arising from development in a particular area, or whether that spend has to be limited to projects with some form of physical outcome. The Planning Practice Guidance (the PPG, which is published by central government as guidance to local planningauthorities) suggests that the only requirement is whether the spend addresses the demands on an area caused by development. However, the PPG is guidance, not a statement of law. A number of local authorities have adopted an approach whereby the allocation of the neighbourhood element of CIL is limited to projects with some form of physical element.
Where possible projects for neighbourhood funding do not obviously have a physical element or outcome, consideration should be given on a case-by-case basis to whether the specific details of the proposed project might be said to fall outside the scope of the relevant part of the CIL Regulation.
This year's total NCIL allocation at £5,088,231 is much higher than the £1,297,445.18 spent in 2023-24. (22-23 £3,084,850.45, 2021-23 £4,505,237.36) and it has been suggested to me that this was to allow a popular splurge before the local election in 8 months' time. I couldn't possibly comment!
You might have fun deciding which of the many worthy projects listed 'have some form of physical outcome'. Some of the proposals are quite vague.
A. OVER £100k B. UNDER £100k
1 comment:
Dear Editor, Thank you for covering this story! There are elements of hope but worry that the Don’t Mess with Brent - Spring Clean and most of the other 1 year measures are a desperate attempt to make everything look good for the May elections. Due to the councils so called state of the art intelligence based cleaning system which requires residents to report rubbish (and is definitely not the cause of our streets being full of flytips and litter), they are now having to use this money to carry out Proactive work and more Don’t mess with Brent projects… it’s an absolute shambles but I hope it makes a difference as the public realm is in a right mess. Fingers crossed.
Post a Comment