2. What is infrastructure?
For the purposes of CIL, infrastructure is defined by the Planning Act 2008 (as amended) as:
- roads and other transport facilities;
- flood defences;
- schools and other educational facilities;
- medical facilities;
- sporting and recreational facilities; and
- open spaces.
It should be noted that affordable housing is not defined as infrastructure for the purposes of CIL. Money raised through CIL will therefore not be spent on affordable housing and planning obligations may be sought to provide for affordable housing in addition to any CIL payment.
When setting their CIL charge, local authorities are recommended to produce a list of infrastructure which money raised through CIL will be spent on. This list is referred to as the Regulation 123 List. Whilst CIL can also be spent on other infrastructure projects which are not identified on this list, it serves as a good guide as to what CIL money may be spent on. The local authority is not able to require planning obligations towards any infrastructure on that list in addition to the CIL payment.