S106 and CIL
National guidance indicates that the CIL will run in tandem with Section 106 obligations. Rye Town Council notes the remarks in the draft schedule about the intention not to 'double dip' (applying both CIL and S106). However, what is not clear is the precise relationship between these two charges.

Some Charging Authorities have attempted to clarify this with a guidance table (typical example below). Rye Town Council recommends that Rother District Council does similar.

Comparing CIL and s.106

Infrastructure funded by CIL -
Provision, improvement, replacement, operation or maintenance of:
Education facilities
Health care facilities
Clearly identified infrastructure projects (eg transport)
Public open space
Public sports & leisure
Community facilities (as identified in the Neighbourhood Plan)

Infrastructure funded by s106:
s106 for affordable housing
s106 for standard site/design mitigation
Development-specific mitigation
Public realm projects or types that are pre-defined
Employment & skills training

Guidance on Enforcement and Appeals
Rye Town Council notes that there is no local guidance yet on enforcement and
appeals. The draft schedule makes it clear that 'CIL is non-negotiable' and that there are significant powers and penalties to deal with failure to pay: Stop Notices, surcharges, late payment interest and prison terms.

Rye Town Council seeks advice on the situations where appeals by developers might be possible, which it understands might be in circumstances where the Council:
*incorrectly calculates the amount of CIL. (Before making the appeal the developer must first request an internal review by the Council).
*incorrectly apportions liability between landowners.
*incorrectly determines Charitable Relief.
*incorrectly applies surcharges.
*deems the development to have commenced when it did not.
*incorrectly issues a Stop Notice for non-payment