Community Infrastructure Levy Governance Arrangements

Rother District Council, as a Charging Authority for CIL, retains a portion of CIL generated. Up to 5% can be spent on administrative expenses; 15% (capped at £100/dwelling) of relevant receipts is passed to the parish council, rising to 25% (uncapped) where there is a neighbourhood plan in place. This retained portion is called Strategic CIL and it must be spent on projects which deliver significant infrastructure to support the development of the area.

In order to effectively allocate strategic CIL monies to projects, Rother District Council has established the Strategic Community Infrastructure Levy Allocations Panel (‘The Panel’). The Panel is comprised of Councillors and is supported by officers. The purpose of the Panel is to consider which projects should be invited to make funding applications; to consider submitted applications; and to allocate strategic CIL funding, subject to Chief Executive approval via Delegated Authority.

The membership of the Panel is:

• Portfolio Holder for Strategic Planning
• Portfolio Holder for Economic Development and Regeneration
• Portfolio Holder for Finance and Performance Management
• Chair of the Council
• Chair of Overview & Scrutiny

The meetings of the Panel are not held in public, however, the minutes from their previous meetings can be found here:

• SCILAP – Minutes (13 Jul 2022)
• SCILAP – Minutes (9 Dec 2022)
• SCILAP – Minutes (14 Mar 2023)
• SCILAP – Minutes (11 Sep 2023)

The projects that the Panel consider for strategic CIL funding will be informed by RDC’s Infrastructure Delivery Plan (IDP) and through annual and regular contact with Town and Parish Council’s and infrastructure providers. The IDP sets out a list of infrastructure requirements to support development proposed by the Local Plan.

Parish and town councils and infrastructure providers will be asked to provide details of their proposed infrastructure requirements to support development through the Local Plan or where housing is built during the Local Plan period. The projects the Panel will consider should have a wide strategic impact in Rother, instead of being locally focussed. Smaller scale projects which are more localised could instead be funded using the local portion of CIL which Town’s and Parish Councils receive.

Funding allocation areas

The Strategic CIL funds that the Panel will allocate are sub-divided into four specific allocation areas.

Rother Infrastructure Fund

55% of the Strategic CIL will fund projects where RDC considers an infrastructure improvement or project is required to meet the adopted Local Plan objectives. Those selected from the Infrastructure List to apply for funding from the Rother Infrastructure Fund (RIF) will be required to demonstrate how their infrastructure scheme proposal meets the Local Plan and Corporate Plan objectives. The RIF will be split into two sub funds – one for Bexhill and one for rural Rother, each fund representing the actual CIL funds generated in those two areas and to fund infrastructure in each area. Allocation of funds to each area will be limited to the funds generated by each area, except in exceptional circumstances where the project would benefit the whole of Rother.

Infrastructure Matched Fund

25% of the Strategic CIL will fund projects specific to individual Towns and Parishes of Rother and the amount requested from the Infrastructure Matched Fund (IMF) should be match-funded and can only be used in towns and parishes where housing is allocated and built, but also available where non-allocated sites of at least 6 houses are permitted and constructed, as the purpose of CIL is to fund substantive infrastructure that demonstrates it helps offsets the impact of new development. Those town and parish projects with a wider impact could receive a greater proportion of funding (up to 100%) from the IMF depending on whether and to what extent the project can truly demonstrate a wider infrastructure benefit. The IMF will also be split into two sub funds – one for Bexhill and one for rural Rother, each fund representing the actual CIL funds generated in those two areas and to fund infrastructure in both areas. Funding from the IMF is not automatic and is dependent on a parish or town having a prioritised infrastructure plan/list. Funding will need to be applied for by application.

Climate Emergency Bonus Fund

20% of Strategic CIL will support the Council’s commitment to be a carbon neutral district by 2030 as set out in the Environment Strategy (September 2020). While, the Council would expect all infrastructure proposals to consider and minimise their carbon emissions, the Climate Emergency Bonus Fund will provide additional funding where infrastructure projects can demonstrate that they will make a significant contribution to the reduction of carbon emissions or to the offsetting of carbon emissions. A project must specifically indicate in their application that they would like to claim the climate emergency bonus and set out how their project will achieve demonstrable carbon reductions / offsetting. It should be made clear what difference the ‘climate emergency bonus’ would make to their project and, where appropriate, what the bonus will allow them to do in addition to what is already proposed within their project. Those projects from either the RIF or IMF which demonstrate green credentials can also apply for “top-up” funding from this pot. This fund can also be used to fully fund projects which meet is requirements.

Where there are monies that have not been allocated from the IMF (over a given time period to be agreed), these monies will be transferred to a Residual Fund (RF), which again will be split into two sub funds – one for Bexhill and one for rural Rother. It is proposed that these RF be apportioned for use in areas where large Community Land Trusts (CLTs), Exception Sites or solely Affordable Housing Schemes have been developed as these types of development are exempt from CIL. In addition, the RF may allocate monies that would normally be eligible for funding from the Community Grant Scheme (CGS) if they are considered within the Strategic CIL infrastructure definition and cannot be funded through Local CIL or other local funding sources (Public Works Loan Board (PWLB), parish or town reserves etc.). Funding applications can then be invited from these areas for infrastructure schemes for consideration by the Strategic CIL Allocations Panel.

Expression of Interest

At the Strategic CIL Allocations Panel December 2023 meeting it was agreed that the Principal CIL Officer will undertake a review of the funding, governance and application process for strategic CIL funding. While this review takes place the Panel have agreed that the Expression of Interest process is paused. For this reason we will not be accepting any expressions for funding at the present time. If you have any questions or a piece of infrastructure provision which you consider requires urgent funding please contact cil@rother.gov.uk