Agenda item

Recommendations:

1)      To spend CIL monies within the same geographical area (previous local authority boundary) from which they were levied, pre and post 1/4/2023

2)      To agree the process for prioritisation of CIL funded infrastructure as set out in paragraphs 3.8 – 3.15 of this report

3)      To approve the 2022/23 Annual Infrastructure Statement (Appendix C) and publish it on the Council website

Considered – Report of the Corporate Director of Community Development seeking approval of the Community Infrastructure Levy (CIL) Spending Protocol and the 2022/23 North Yorkshire Annual Infrastructure Funding Statement.

Councillor Derek Bastiman introduced the report, noting that CIL is presently only charged in the legacy district areas of Harrogate, Hambleton, Ryedale and Selby. As part of the report recommendations, it is proposed that the existing CIL charging regime will continue in these areas until either there is a change in government policy or CIL is reviewed as part of the implementation of the new North Yorkshire Local Plan. Whatever option is taken, the existing CIL charging regime is likely to be in place for a further five years.

Now as one unitary authority, there is a need to require a protocol for the spending of the CIL. The report presents two recommendations, with regard to the geographical scope and process for the prioritisation of projects. It is recommended that CIL should be spent within the same legacy area it has been and will be levied in, with the exception of any projects where money would be needed to fund infrastructure projects in adjoining areas if they are identified as being needed to support local plan growth within the legacy CIL area. (e.g. strategic highway improvement)

CIL has to be spent on infrastructure that supports growth, and so the proposed process for prioritising projects looks to ensure that they are aligned with the allocations and objectives of the respective local plans and considers whether they can attract match funding or not. The establishment of the list of prioritised infrastructure projects will be undertaken by a cross service officer working group and presented to Management Board and Executive for approval. The list will be reviewed annually and the first list will be included within the Annual Infrastructure Funding Statement.

The 2022/23 Annual Infrastructure Funding Statement report which is recommended for approval and publication, relates to the legacy district and borough council areas and is split accordingly.

Councillor Yvonne Peacock declared an interest prior to contributing as a Trustee of the Upper Dales Community Land Trust, who have received Section 106 funding. She asked about the future of CIL spend in five years with the development of a new Local Plan and whether CIL funding could come into an area like the Yorkshire Dales National Park.

In response, Councillor Derek Bastiman thanked Councillor Yvonne Peacock for her comments, which would be considered as part of any future review.

Councillor Simon Myers noted that the proceeds of the recently agreed second homes council tax premium to be applied from 1 April 2024 would help communities to deliver affordable housing across all of North Yorkshire and meet the need where it is greatest. He also noted the lack of responses received from parish councils to enquiries as to the spend or anticipated spend of CIL.

Councillor Gareth Dadd welcomed the new protocol.

Resolved -

The Executive resolves:

1)    To spend CIL monies within the same geographical area (previous local authority boundary) from which they were levied, pre and post 1/4/2023

2)    To agree the process for prioritisation of CIL funded infrastructure as set out in paragraphs 3.8 – 3.15 of this report

3)    To approve the 2022/23 Annual Infrastructure Statement (Appendix C) and publish it on the Council website