Decision details

To release Neighbourhood Community Infrastructure Levy (CIL) funding which falls within the parish area of Leckhampton and Warden Hill in advance of the payment window of April 2026. This decision is made by exception in the context of Regulation 59D of the Community Infrastructure Levy Regulations 2010. The value to be passed to the parish council is as follows:

Neighbourhood CIL Instalment: £242,480.88
Late Payment Interest: £1,295.45
Total: £243,776.33

There are two payment windows for the transfer of neighbourhood CIL to parish councils as set out below.

Payment date: 28th October
Includes CIL receipts: Up to 28th September

Payment date: 28th April
Includes CIL receipts: Up to 28th May

A late payment from the Miller Homes development (application reference 20/01788/FUL) was received on the 9th October 2025. Due to the accounting period for the October payment window closing at the end of September this receipt was therefore listed for transfer to the Parish Council in the next payment window of April 2026.

The Parish Council had allocated potential neighbourhood CIL to several projects on the understanding of the CIL instalment dates for the Miller Homes development due to be paid to Cheltenham Borough Council as the collecting authority, but the liable party did not pay on time.

It is emphasised that this decision which facilitates payment to the Parish Council via an alternative payment date is by exception. This is in recognition of the value of the neighbourhood CIL payment and the number of neighbourhood CIL projects which the parish council has committed to. Should this payment not be released ahead of the next payment window this would have an impact on the delivery of projects of value to the local community.

This decision is intended to be a single decision relating to the particular and exceptional circumstances provided by the Parish Council in this case, it is not intended to vary or waive the requirements of the CIL Regulations with regards to payments of CIL monies to parish councils on a permanent or more regular basis. All future payments will continue to be made in line with the requirements of the CIL Regulations.

The Parish Council will receive advice on managing risks associated with future neighbourhood CIL allocations and building in the risk of payments not being received as expected. While the Borough Council holds responsibility for issuing demand notices and enforcing CIL payments, there have been occasional instances where developers have failed to pay on time. To strengthen risk management, the council is considering introducing a formal CIL Enforcement Policy. A timetable for preparing this policy will be agreed with the Cabinet Member for Planning & Building Control.

To retain the CIL monies and release to Leckhampton and Warden Hill Parish Council at the next payment window of April 2026. However, following consideration of the reasons as presented by the Parish Council I consider that it is appropriate to consider this request on an exceptional basis given the number of neighbourhood CIL projects which are reliant on the monies that would be drawn from this payment.

Engagement with:
• OneLegal
• CIL officer
• Infrastructure Planning Manager
• Treasury Management Accountant
• Cabinet Member for Planning and Building Control