EAST BERGHOLT PARISH COUNCIL

Community Infrastructure Levy Guidance Policy and Procedures

Background

This document consolidates previous CIL papers from 2021 and 2022 updates the
policywhich was approved and adopted in June 2023 and lays out an overall
framework, policy and procedure for spending the Community Infrastructure Levy,
which East Bergholt Parish Council has received or expects to receive from Babergh
District Council.

CIL is a tool for local authorities in England and Wales to support infrastructure
requirements arising from development in the area. It is a charge on any new
development with an internal floor space over 100 m2. square metres CIL can be
used for:

• Infrastructure provision
• Infrastructure improvements
• Infrastructure operation, replacement and maintenance
• Anything else that is concerned with addressing the demands that
development places on an area.

The amount of CIL per development depends on the ‘charging schedule’, a
document created by Babergh District Council which means that developers know
beforehand the amount that will be charged for their development.

Babergh District Council must allocate at least 15% of levy receipts to spend on
priorities that should be agreed with the local community in areas where
development is taking place. The levy receipt can increase to a maximum of 25% in
certain circumstances, such as if a parish has a Neighbourhood Plan. This is known
as The Neighbourhood Portion. The East Bergholt Neighbourhood Plan was
approved in 2016 and therefore East Bergholt Parish Council receives 25% of any
CIL received by Babergh District Council from relevant development within the
parish.

As East Bergholt Parish Council has a Neighbourhood Plan, Babergh District Council
must allocate to the Parish Council25% of any CIL received by Babergh from
relevant development within the parish.

CIL is paid to the Council twice a year in April and October. The Parish must spend
or allocate it to a project within five years of receipt, otherwise it is liable for return to
the District Council unless the Parish Council has notified the District Council in
advance and formal agreement for extension has been granted.

An annual report on CIL expenditure must be produced by the Parish
Council, sent to the District Council and posted on the Parish Council’s
website.

As of March 20253 the Parish Council has £20,581.68held £743,398.55 in CIL
funding of which £57,102.92 was committed for ongoing projects. to be allocateThe
rest is earmarked to Council priority projects d, but over the next few years several
hundreds of thousands of pounds is anticipated as the approved residential
developments in the village are built. This money arises from one-off payments by
developers to support the infrastructure of the village which might otherwise come
under strain from the developments.

CIL is difficult to forecast and expected CIL receipts may be lower, or delayed
further, than first expected. This CIL policy will reflect the uncertainty of forecasting
the final sum handed to the Council as well as attempting to ensure that the Council
is not overextended or in debt resulting from CIL expenditure.

The types of infrastructure that Babergh District Council believes are needed to
support new development are listed in the Infrastructure Funding Statement which is
produced annually and can be found on the District Council’s website at:

Community Infrastructure Levy (CIL) » Babergh Mid Suffolk
https://babergh.gov.uk/w/cil-guidance

The Parish Council’s Strategy, Policy and Finance Committee administers all CIL
applications, and makes recommendations which are subsequently referred to the full
Parish Council for final approval.

The Committee’s role includes:

– overseeing the communication of the Parish Council’s CIL strategy, providing
regular updates on the availability of CIL funds and their use in the Parish, and
to raise awareness in the community of this important funding source, to ensure
a high level of transparency in the use of public funds.

– statutory reporting of CIL income and expenditure to Babergh District Council.

– establishing CIL investment priorities in line with the Parish Council’s objectives
including Neighbourhood Plan Projects and community needs.

– preparation of a Parish Infrastructure Investment Plan (PIIP) to be monitored
and updated annually.

– to be responsible for administer East Bergholt Parish Council CIL payments
from Babergh District Council and to ensure the effective reporting of CIL
investment activity to the Parish Council.

– to consider all bids for the use of CIL funds at the discretion of the Parish
Council and to make recommendations to the Parish Council in line with the
agreed criteria for allocating funds.

– to monitor and review the uses to which funds are allocated to ensure that they
have been successfully invested and also to enable learning and continuous
improvement in the distribution of CIL funds.

– to consider and respond to questions, and appeals and complaints that might
arise regarding the application of this policy.

– Additionally, tThe Committee may approach other bodies to consider projects
that might include matched funding, or projects that might involve other funding
bodies.

– liaison with Babergh District Council’s CIL Investment Team to ensure good
alignment and their support in the use of public funds.

The Parish Council regularly advertises its powers to approve such applications in
order to be fair, open and transparent to all in the Village and at least annually. The
Parish Council will also report back to the community on the use of CIL funds.

Parish Infrastructure Investment Plan (PIIP)

The Parish Council first prepared its PIIP in 2022. ItThe PIIP sets out the Council’s
priorities for implementing its infrastructure projects and informs its spending
decisions. This document is considered to be a ‘live’ document and will be reviewed
and updated annually as required.

The Parish Infrastructure Investment plan (PIIP) mayThe PIIP may include:

– Parish Council Priority Projects
– Bids from each PC committee
– East Bergholt Neighbourhood Plan Projects
– Partnership with the CLT (Community Land Trust)
– Community opportunities proposed by groups and volunteering organisations
from East Bergholt for relevant projects, including elderly supportive
accommodation, employment, parking, shops and transport

PIIP 09.06.22.pdf (eastbergholt.org) (new link when available)

Framework Principles for allocating CIL

CIL projects must be of long-term and lasting benefit to the people of the
parish. The Council should consider the long-term housing growth and
resulting infrastructure needs that is within the remit of the Council
when developing plans for the spending of CIL.

At least annually a CIL report regarding receipts to date, forecasts and
expenditure will be presented to Council. This is to ensure the Council
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does not over extend itself on projects.

The Annual Parish Meeting will have a standing item reporting CIL
projects.

The Strategy, Policy and Finance Committee will assess projects for
suitability as they come forward.at its meetings on a two monthly basis. It will analyse
each project and provide a report to Council with its assessment and
recommendations for proceeding.
report to Council with its assessment and recommendations for
proceeding.

Each project will be assessed on the basis of:

• Compliance with Parish Council strategies and with East Bergholt
Neighbourhood Plan
• Project potential – one-off or lasting benefit
• Magnitude of community benefit.
• Usability – does the facility/service have more than one use
• Target group(s) by age
• Physical outcomes (increased community space/physical space etc)
• Ongoing support needs – will the Council have a continued Involvement?

Voluntary organisations or community groups wishing to be considered for a grant of
CIL should write/emailapply in writing to the Parish Council and include the following
information: –

• The sum being applied for, with relevant cost estimates and quotes
• What the funding is for;
• Breakdown of costs and any funds already raised;
• How the project will benefit East Bergholt and its residents and approximately
how many residents will benefit; (if possible, an approximate breakdown of age
groups too);
• Latest set of Accounts/full Financial Statement.
• Evidence that the overarching body of the applicant has approved the
application.

The CIL is not available to fund individuals or commercial entities.
Any organisation operating on the Council’s Playing Field must have the approval of
the Sports Council.

In making decisions the Parish Council will observe the following guidelines:

• Approvals will depend on sufficient funds being available within the overall CIL
budget;
• If the CIL budget has been expended the Parish Council will be empowered to
authorise virements from savings elsewhere in the budgets appropriate.

• The latest set of accounts or a full financial statement will be required with
each application/s;
• East Bergholt organisations will receive preference for CIL funds
• Applications from County or national organisations’ will be considered if it can
be shown that their activities provide positive benefits for East Bergholt
residents. Amounts of CIL in such case will be limited;
• In order to give Babergh District Council confidence that the Parish Council
supports a substantial CIL bid, where Babergh makes an allocation to the cost
of that bid, the Parish Council will consider making an additional allocation, as
appropriate.
• CIL funds will be released to successful applicants as appropriate and subject
to satisfactory tendering processes being followed;

Criteria for evaluating CIL bids

CIL can be used to fund a wide range of infrastructure, including transport, flood
defences, schools, hospitals, and other health and social care facilities (for further
details, see section 216(2) of the Planning Act 2008, and regulation 59, as amended
by the 2012 and 2013 Regulations). This definition allows CIL to be used to fund a
very broad range of facilities such as play areas, open spaces, parks and green
spaces, cultural and sports facilities, healthcare facilities, academies and free
schools, district heating schemes and police stations and other community safety
facilities. This flexibility gives local areas the opportunity to choose what
infrastructure they need to deliver their relevant plan (the Development Plan).
Charging authorities may not use the levy to fund affordable housing.

Local authorities must spend the CIL on infrastructure needed to support the
development of their area, and they will decide what infrastructure is needed.

CIL can be used to increase the capacity of existing infrastructure or to repair failing
existing infrastructure, if that is necessary to support development.

Community Infrastructure Levy Guidance
https://www.gov.uk/guidance/community-infrastructure-levy

The following criteria will be applied in evaluating bids for funding whether coming
from inside or outside the Parish Council.

Subject to sufficient funds being available, applications will be invited, and evaluated
by the Strategy, Policy and Finance Committee and approved as appropriate by the
Parish Council, using the following criteria:

• Is the project covered by the list of Infrastructure items which can be provided
or maintained by Parish Councils as set out by Babergh District Council in its
CIL Guidance document

Community Infrastructure Levy (CIL) » Babergh Mid Suffolk

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• Does the application provide all the required detail to enable a fair
assessment of the merits of the case for the CIL funds required?
• Is the body to which any funds that might be provided, judged to be
responsible, trustworthy and able demonstrate a successful track record?
• Has a robust business case and justification been provided that
demonstrates a good use of the funds required?
• Will the project confer wide benefits within the community of East Bergholt?
• Is the project deliverable?
• Does the project align well with Council policies and priorities?
• Is the project deliverable without the use of the CIL allocation?

A recommendation on each application will be made by the Strategy, Policy and
Finance Committee and referred to the Parish Council in light of the above
considerations.

No more than one successful bid per year from the same body will be accepted.

Matched funding may be considered positively, as this will enable a wider distribution
of CIL investment benefits in the Community.

East Bergholt Neighbourhood Plan Objectives

The Parish Council is required to take account of the Neighbourhood Plan
objectives when determining which projects can be funded by CIL. These
objectives are:

• To meet local needs for new housing and services.
• To ensure physical infrastructure, community facilities, and local services
keep up with East Bergholt’s social and economic needs.
• To embrace heritage and wildlife conservation.
• To reduce the impact of traffic, and dependence on and impact of private
cars.
• To create a safe village environment for pedestrians and cyclists
• To promote a successful rural economy.
• To encourage a resource efficient built environment and aim to minimise
energy use, increase the use of renewable energy and reduce waste.

The Neighbourhood Plan can be viewed on the Council’s website.

East Bergholt Village Website www.eastbergholt.org

Delivering Projects

East Bergholt Parish Council is a partner of Babergh District Council in the provision
of projects arising from CIL. The Parish Council will work closely with the District
Council to ensure that its projects fit into a co-ordinated whole in relation to the parish
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and adjoining areas to ensure that parish projects do not cause problems elsewhere
in the district and vice-versa.

Financial Control

The Council must make proper arrangements for the administration of its financial
affairs pursuant to Section 151 of the Local Government Act 1972 and the Audit and
Accounts (England) Regulations 2011.

These requirements also apply when dealing with the proportion payments given
by Babergh District Council under CIL.

The Council will ensure on an annual basis that its practices for recording
CIL are correct as part of the internal audit exercise. The Council will
ensure that statutory and/or regulatory guidance is followed and that best
practice is maintained.

Reporting CIL

Pursuant to the CIL Regulations the Parish Council is required to produce an annual
report detailing CIL receipts and expenditure. This report must set out:

• The total amount of CIL received in the financial year
• The total amount of CIL spent in the financial year
• A summary of expenditure including details of what items CIL was spent on
and the amount of CIL expenditure per item.
• Any CIL that has been returned to the District Council due to failure to spend
or applying funds to inappropriate items
• The total amount of CIL unspent from previous years broken down into annual
amounts.

The annual reports are sent to Babergh District Council and published on the
Council’s website.

Income received from CIL will also be included in the Council’s overall published
accounts but is not required to be identified separately therein.

Community Engagement

The Council will communicate and seek community support for its CIL
projects from

• Social media sites such as Facebook. and Twitter
• Requesting feedback through the Council’s website
• Face to face meetings with community groups and public meetings
• Reports to Council which are posted on the Council’s website.

The Council will also encourage individuals and community groups within the parish
to make suggestions for the use of CIL funds.

All projects will be processed in the same way to ensure compliance with the
principles outlined above and fair handling.

The project application process

All third party applicants (community groups and organisations) will be
required to provide a copy of their organisation’s previous year’s accounts
or for new initiatives, a budget forecast. Failure to provide this financial
information may result in the CIL application being delayed or refused.

All applicants must complete the application form which is available on the Council’s
website or from the Parish Clerk. The completed form together with all other required
documents, such as the previous year’s accounts or for new initiatives, a budget
forecast should be sent to the Parish Clerk.

All applications requiring CIL funding will be considered by the Strategy,
Policy and Finance Committee and assessed for their positive impact on
the parish and a report with recommendations will be presented to the
Council.

CIL applications can only be approved by the Council. Regard will be
given to previous allocations to ensure the widest range of infrastructure is
provided/supported.

Approved and adopted by East Bergholt Parish Council: 8/6/23

Next review: June 2024