Regulation 123 List Review

The consultation is now closed, and the contents below are for information only. We'll use the comments received to inform the final 2019 Regulation 123 List, which will go to our Strategic Planning and Infrastructure Committee for agreement.


We're a Community Infrastructure Levy (CIL) charging borough. Our current charging schedule and Regulation 123 List took effect on 1 October 2018.

It lists the types of infrastructure that might be fully or partly funded by CIL. It doesn't prioritise funding for infrastructure. You can see the current list here.

Proposed Changes

Under The CIL Regulations 2010 we can make changes to the list at any time, as long as we clearly explain what the changes are and consult the public first.

We want to update our current Regulation 123 List, to make it clearer what types of infrastructure will be funded by CIL and what won't. For example some education infrastructure will continue to be funded by Section 106 agreements, not CIL.

The proposed minor changes agreed by our Strategic Planning & Infrastructure Committee on the 9 July 2019 were to the education provision ‘exclusions’ column:

  1. Adding “(but not limited to)” after the word including
  2. Deleting "and" from the end of the second point
  3. Adding "and" to the end of the third point
  4. Adding a fourth point "-1FE expansion of Lenham Primary School for Broad Location H2(3) Lenham, Maidstone.”

Supporting Documents

The Draft Regulation 123 List and an explanation of the proposed changes can be viewed on our online consultation portal.

If you'd like paper copies of the consultation documents email

Data Protection

Following the consultation all comments will be made publicly available on our consultation portal so interested parties can view all of the responses we received. Published information will include the comment and responder name. All demographic and contact data will be removed. All data is processed in accordance with the General Data Protection Regulations (GDPR) and Data Protection Act 2018