Lambley Parish Council
Contact the Clerk to the Parish Council,Ewa Strumnik at
<clerk@lambleyparishcouncil.org.uk>
Or call 07725834442
CIL Dispute
The Developer (Davidson Homes) who created the new housing on Mapperley Plains near the new island at Catfoot Lane was charged this levy by Gedling Borough Council. The sum paid for the CILS according to the email trail below from Mike Avery, Head of Planning at Gedling, is £1,228,078.
If it is accepted that the Davidson Development was part within Lambley Parish this would mean that Lambley Parish Council should receive funds from the CILS to the tune of a minimum of 15%. This would be equivalent to a total sum of £184,211.70.
Gedling Borough Council are however saying that only the foundations for the housing are used when deciding where the CILS will be applied and these are within the Arnold boundary. It cannot be disputed though that without the new Traffic Island, access would not have been possible. Part of the new traffic island is within the Parish Boundary. Therefore we believe we are eligible for the CILS monies and that exempting us from it is wrong.
Mark Spencer and Tom Randall (the local MPs) have written and asked Gedling to reconsider their decision, however they are adamant that we are not due any money.
Please see the email trail below, and if you share our view that we should be receiving some of the CILS monies, please write to Gedling Borough Council to make your views known.
From: chair@lambleyparishcouncil.org.uk <chair@lambleyparishcouncil.org.uk>
Sent: 28 July 2022 17:31
To: GBC
Subject: RE: CILS Money and the Davidson Development -
Hi
Thank you for your reply.
I am sure that it will not surprise you to hear that I am not at all comfortable with your response. I do not accept that there is a) no case and b) no discretion here.
Whilst I value all that you and your colleagues do within the borough, whether this is in fact the case legally or not does not change the fact that Lambley Parish has been severely impacted and will continue to be so by the new housing developments. Not only have we had the huge development along Spring Lane, but now also the Davidson Development. It cannot be disputed that the works on Catfoot Lane enabling the Davidson Development is within the Parish Boundary.
I am not a solicitor so I cannot dispute what your legal team are stating directly, however morally there is a justification for Lambley Parish to receive some of these monies, and I do believe that it should do so.
I am copying in both Mark Spencer and Tom Randall as the two MPs who cover the areas concerned as although I don’t know what they are able to do about the situation, I think they should be made aware (as too should our own communities within the Parish) that irrespective of the chaos and inconvenience that the development has caused over many months, some of which was firmly within our Parish Boundary, that we will receive no recompense or support from the monies received by Gedling Borough Council via the CILS receipts.
I will report back to the other parish councillors, however I suspect that they, like me, will feel that in this instance the Parish Boundary and “development” is being carefully positioned to ensure that Lambley does not receive what it is due.
Kind regards
Dawn Edwards
Chair
Lambley Parish Council
From: GBC
Subject: RE: CILS Money and the Davidson Development -
Dear Dawn,
Further to your below email, the Council’s legal team have also reviewed the regulations and have confirmed that my interpretation is correct.
Whilst it is accepted that the part of the new traffic island and other access works comprised in the approved plans are situated within the Lambley Parish, these elements are not chargeable development and do not generate any CIL receipt. The gross internal area of the chargeable development is entirely within the non-
Kind regards
Gedling Borough Council
Civic Centre, Arnot Hill Park
Arnold, Nottingham NG5 6LU
From: chair@lambleyparishcouncil.org.uk <chair@lambleyparishcouncil.org.uk>
Sent: 25 July 2022 15:50
To: GBC
Subject: RE: CILS Money and the Davidson Development -
Dear GBC
Thank you for your prompt response.
Having looked at the CILS regulations:
It could be argued that the infrastructure did in fact affect Lambley Parish and was within the boundary of it since the Catfoot Lane roundabout was part of the scheme. The boundary for Lambley Parish is the centre of Mapperley Plains. Whilst the building works themselves are on the Arnold side of this boundary, part of the infrastructure enabling it are firmly within the Boundary of Lambley Parish and Catfoot Lane itself was affected (with creation of a new substantial roundabout which highways tell us was “designed for forward visibility purposes) and of course affords ease of access to the new development. It could be argued therefore that the road layout and adjustment (within Lambley Parish), and the development itself were co-
Part of the new traffic island is within the Lambley Parish Council area and therefore according to the CILS regulations 59A does apply and a proportion of the CILS payment should have been passed to us. 59F only applies where part of the chargeable development is in an area in relation to which regulations 59A and 59B do not apply.
https://www.legislation.gov.uk/uksi/2010/948/regulation/59A
Even if you believe Catfoot Lane does not qualify us (which seems incorrect), then Part 59 F3 states “A charging authority may apply CIL to funding to the provision, improvement, replacement, operation or maintenance of infrastructure outside its area where to do so would support the development of its area”. Lambley is of course within the Gedling Borough, and is a “relevant” area since it is impacted by the Davidson Development and was impacted for many months. The word “may” in this instance is used, not should or will, which indicates discretion. https://www.legislation.gov.uk/uksi/2010/948/regulation/59F
I would urge you once again to look at the justification for exempting Lambley from what I, and many in the community of Lambley, believe is rightfully a contribution towards the much needed community infrastructure in Lambley.
Kind regards
Dawn Edwards
Chair
Lambley Parish Council
From: GBC
Subject: RE: CILS Money and the Davidson Development -
Dear Dawn,
Thank you for your email.
Unfortunately, the Davidsons Homes Site is not within Lambley Parish and therefore the CIL receipts associated with the Neighbourhood Portion must be allocated for expenditure in the Non-
Regulation 59F of the CIL Regs states that where no parish exists the charging authority may use the neighbourhood portion of the CIL, or cause it to be used, to support the development of the relevant area by funding:-
a. The provision, improvement, replacement, operation or maintenance of infrastructure; or
b. Anything else that is concerned with addressing the demands that development places on an area.
The relevant area is defined by Regulation 59F (1)(4) as that part of the charging authorities area that is not within the area of a parish or town council.
This has been incorporated into the guidance the Gedling CIL Non-
Planning Obligations have however been sought by the Council to mitigate the impact of the development upon infrastructure and these are detailed below:
NHS (Primary Care) -
Transport and Travel Services -
Education –A financial contribution based on build costs of £647,632 towards the provision of a new primary school in the Arnold area. This will be pooled with other contributions secured in the Arnold area to fund the construction of a new school. A financial contribution of £461,578 will also be payable to enhance educational facilities at the Christ the King Academy.
Public open space is to be provided on site and the developer intends to nominate a management company to manage all of the amenity space and drainage features on the site that are not within residential curtilages or adopted by the Highway Authority.
Affordable Housing -
I appreciate that Lambley Parish Council will be disappointed with the Councils decision relating to infrastructure requirements, but this has been determined by the CIL regulations which are set nationally by central government rather than at a local level.
Best wishes
Gedling Borough Council
Civic Centre, Arnot Hill Park
Arnold, Nottingham NG5 6LU
From: chair@lambleyparishcouncil.org.uk <chair@lambleyparishcouncil.org.uk>
Sent: 25 July 2022 11:25
To: GBC
Subject: CILS Money and the Davidson Development -
Dear GBC
I am writing on behalf of Lambley Parish Council and the residents and community of Lambley. We have been informed that despite months of disruption and severe impacts on our village, there is no allocated share of the Community Interest Levy.
Our community is deserving of a share of this, and has several projects which would benefit hugely from the monies. For instance, two years ago the Parish Council purchased the Reed Pond, a nature reserve in the centre of the village, which had we not done so was in jeopardy of being auctioned to the highest bidder by Nottinghamshire Wildlife Trust. This expenditure and the need to purchase the site quickly to prevent auction meant that the Parish Council bought it from it’s own funds to ensure this important community asset and green space remained available for use by the Public. The Parish Council now own the land but have no means by which to maintain or upkeep it since we simply do not have the funds.
Lambley Primary School has grown in size, with the addition of 3 extra classrooms and approximately 50 extra children. The only play area in the village is adjacent to the school, and there is a Multi Use Games Area, and a Children’s Play Park, both of which require urgent attention to ensure that they are safe and useable. The Play Park is now around 15 years old and in need of urgent attention to ensure it remains safe and useable. As a Parish Council we have no funds available to maintain these areas, and are relying on community events which will be happening later on in the year to try to fund the critical work to ensure that the children in the are still able to access outdoor space and play equipment.
During the works on Mapperley Top, the village was forced to endure additional traffic and waiting times to get up and down to the village of half an hour or more at busy times. The works on and adjacent to Catfoot Lane meant the road was also closed entirely twice forcing extra traffic up Spring Lane and to the most congested area.
To compound matters the new signage on the Island which has been installed adjacent to the Davidson Development now signposts to “Lambley Crematorium” and the village itself now as a destination does not seem to exist. This has been taken up with Nottinghamshire County Council who have agreed to change the signage. This has however left the community of Lambley feeling rather let down.
To now discover that the CILS payments will be divided into communities elsewhere, with the intention that Lambley will once again be forgotten is simply not acceptable and we would urge you to reconsider your decision. Please could you provide the information on which areas will be receiving a share of these monies, and what it is about them that justifies the decision that their need is greater than the very critical community needs in Lambley?
If you wish to discuss the projects set out above, which are pivotal to the wellbeing of the community, please give me a call. I would be happy to show you around both of these vital community assets which are in desperate need of funding.
Kind regards
Dawn Edwards
Chair
Lambley Parish Council