Minutes:
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The Planning Control Manager introduced the report with the Senior CIL Officer providing additional information.
The Chair provided background to CILand invited questions and comments from the Panel.
The Chair sought clarification of the CIL distribution in 2017 when CIL was first introduced and it was confirmed, 60% for strategic projects, 20% for community projects and 20% for local projects.
The Chair commented it had now been reversed to 80% and 20% with the minority going to Parish Council’s. He referred to the match funding of 50%.
In the response to the Chair, the Senior CIL Officer confirmed the consultation was free and no charge was incurred.
Councillor Bubb referred to a previous application he was aware of which had been impacted by the change of criteria and asked for assurance that applications could be protected and considered.
The Senior CIL Officer explained with the new process, training and guidance would be provided to Members and Parish Clerks to ensure the criteria was met.
Councillor Colwell highlighted the restrictions for ward members of unparished areas and sought assurance on funding opportunities and engagements for members of unparished areas in King’s Lynn. The Senior CIL Officer explained a significant amount of CIL funding had been spent in unparished areas and highlighted other funding opportunities. She reiterated the CIL Spending Panel would decide the applications.
In response to a question from Councillor Ryves the Senior CIL Officer confirmed there was currently £3.5million of CIL infrastructure funding and there had been changes in legislation and regulations therefore the governance was now being reviewed.
Officers responded to questions from Councillor Ratcliffe regarding percentage payments relating to Neighbourhood Plans and requests for consistent terminology to be used in the report.
Councillor Bone indicated his support for the proposed changes and identified there was not a fair balance as it was dependant on the effectiveness of the parish clerk.
In response to Councillor Ryves, the Senior CIL Officer explained applications were previously decided by scoring and added there was no longer a scoring criteria. The Senior CIL Officer advised parishes were being recommended to create a parish infrastructure investment plan to ensure CIL was being spent effectively and guidance was to be provided.
Councillor Ryves questioned the impact of Local Government Reorganisation and the changes in boundaries which could further disadvantage Parish Council’s. He sought reassurance the funding was to be spent within the Borough.
The Senior CIL Officer provided assurance CIL funding was to be spent within in the Borough based on parish boundaries. She reminded the Panel CIL was designed to support Local Plan developments.
Councillor Crofts questioned the control members had to ensure the parish council had spent the CIL funding that had been awarded and was advised this was monitored annually and parish councils had a statutory obligation to submit an annual report to the Borough Council on the CIL funding which had been spent or not.
Under Standing Order 34, Councillor Long commented good projects had been delivered from CIL funding. He questioned what scrutiny arrangement were in place to determine the applications and it was clarified that the projects which were on the capital programme tier 1 to 3 were already able to be scrutinised as part of the capital programme.
Under Standing Order 34, Councillor Long sought further clarification on where scrutiny of applications for CIL funding would take place.
The Senior CIL Officer confirmed the applications would be reviewed and decided by the CIL Spending Panel. It was subsequently confirmed that the Member Major Projects Board is not a scrutiny function, it is a sub-Committee of Cabinet.
In response to a question from the Chair, the Senior CIL Officer confirmed funding was not allocated automatically and was not able to be transferred to make a project sustainable.
The Portfolio Holder, Councillor Moriarty reminded Councillor Long, decisions on applications could be called in following Cabinet. He provided assurance that work was ongoing in relation to the governance document and highlighted terms of reference were to be sent with applications to parish council’s and 60 days were allowed rather than 30 days.
The Senior CIL Officer highlighted amendments made to the CIL documents following consultation with the legal and audit teams. She also highlighted parish councils were informed that the governance arrangements were to be reviewed but had not been consulted.
RESOLVED: That the Panel make the following amended recommendation to Cabinet:
Cabinet approves the revised Community Infrastructure Levy Funding Policy and Spending Strategy for the allocation and spend of Borough Community Infrastructure Levy raised by this Council and a method of scrutiny is developed to ensure funding allocation to strategic projects can be appropriately monitored.
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