Regulation 123 Infrastructure List
The CIL Regulations 2010 (as amended) restrict the use of Section 106 (S106) agreements upon the introduction of CIL charging. The use of S106 agreements has been scaled back and limited to those matters that are directly related to a specific site.
CIL Regulation 123 requires that the Council publish a list of infrastructure projects, which are taken from the Infrastructure Delivery Plan, that CIL funding may be spent on. It is therefore known as a 'Regulation 123 Infrastructure List', or 'R123 list' for short. The R123 list must be published on the Council's website.
Any other matters (i.e. those NOT on the R123 list) can be secured through a S106 agreement, should they be required.
Affordable housing and site specific infrastructure such as highway works will continue to be secured on a site by site basis through either S106 agreements or planning conditions. See the section on CIL and Planning Obligations (Section 106 agreements) for further information.
Update (September 2019): The 2019 amendments to the CIL regulations removed the requirement for authorities to publish a CIL Regulation 123 Infrastructure List. By no later than 31 December 2020, this list be replaced with an infrastructure funding statement. However, in the meantime the list remains a useful indication of infrastructure that may be CIL funded and what is likely to be required as part of a Section 106 agreement to be negotiated on a site specific basis. It should be noted that authorities are now able to seek Section 106 contributions for any item, whether it is on the CIL Regulation 123 Infrastructure List or not and whether or not CIL will also be used to fund it.