NCIL Standard Legal Agreement

Redbridge Neighbourhood Community Infrastructure Levy (NCIL) Funding Standard Legal Agreement

1.0 Overview

1.1 The following is a legal agreement between London Borough of Redbridge (the Council) and [Group name] regarding the payment of neighbourhood community infrastructure levy (Neighbourhood CIL), the associated tasks needed to allow for said transfer of funds, and monitoring and reporting processes.

1.2 In accordance with the Community Infrastructure Levy Regulations 2010 (as amended), local planning authorities, (In this case the Council) collect a community infrastructure levy (CIL) and can aid and facilitate the conception and implementation of local CIL bids, using 15% of all CIL collected in the local planning authority area. This portion of the CIL is the Neighbourhood CIL.

1.3 The Council’s NCIL Panel, on behalf of the Council, has agreed to award you [insert amount] of the Council’s Neighbourhood CIL funding (NCIL Funding) to be used solely for the delivery of [insert name of Project] as detailed in your application form attached as an appendix to this agreement (the Project).

1.4 Any necessary permissions or consents (including landowner and planning permission) required for the Project, and which were submitted with your application, should remain valid throughout the lifetime of the Project. In situations where permissions lapse or are withdrawn you must immediately notify the Council. In such cases no further work shall take place on the Project until you have written confirmation from the Council that the Project can resume.

1.5 Where your project is proposed for early closure you should notify the council immediately, cease spending on the project and obtain approval from the council for early closure. Any unspent funding should be returned to the council. Where the Council (in its sole discretion) considers that the Project requires early closure, upon notification from the Council of such, you will cease all work on the Project and promptly return any unspent amount of your NCIL Funding to the Council.

1.6 No changes to the Project deliverables or spend profile shall be allowed unless agreed in writing by the Council.

2.0 Term

2.1 This agreement shall commence on [insert date] and shall continue until the earlier of the Project’s delivery date, as set out in the application form, and the date this agreement is terminated by the Council in accordance with clause 6.0.

3.0 Monitoring arrangements

3.1 Throughout the duration of the Project, reports with information regarding Project progress and spend for the Project must be provided to the Council on a quarterly basis (Reports) and a final report provided to the Council on closure of the Project (Final Report).

3.2 Report templates will be emailed out to you on a quarterly basis and must be completed and returned to the Council within two weeks of receipt of the e-mail. Your Final Report must be provided to the Council within four weeks of your Project closing.

3.3 The Council retains the right to undertake spot checks from time to time to ensure the Project is being delivered in accordance with this agreement, including all Reports, and the information provided on the application form. Where the Council undertakes a spot check, you must provide it all reasonable access and information required, and comply with any Council requests in relation to the Project.

3.4 Reports must include photos of the Project which the Council may use for publicity purposes. All the necessary consents for publicity use by yourselves and the Council for a period of two years must be provided. It is the responsibility of the project manager to ensure that these consents are obtained.

3.5 If any Report is not submitted on time to the Council in accordance with clause 3.2 above, the Council reserves the right to seek early closure of the Project. In the event of early closure of the Project, any unspent amount of the NCIL Funding must be [promptly] returned to the Council.

4.0 Publicity

4.1 For any official launch/completion event of the Project, you must notify the Council prior to the event in case officers and Councillors should be invited. Please email dpd@redbridge.gov.uk well in advance of, and in any event at least three weeks prior to the event.

4.2 Any promotional material created and/or used by you in relation to the Project, including social media or articles, must clearly mention that your Project is receiving funding from the Council’s “Neighbourhood CIL” fund. The Council’s CIL logo must also be used in any promotional material in relation to the Project. The logo will be provided by the Council at the time the NCIL Funding is paid to you.

4.3 In some circumstances projects will be expected to provide a plaque close to or on the delivered project, this must also display the Council’s NCIL community funding logo. 

5.0 Funding arrangement

5.1 Payment by the Council to you of the NCIL Funding will be made via BACS transfer.

5.2 Any unspent amount of the NCIL Funding will be returned to the Council, who will then return it back into the neighbourhood CIL fund, as soon as possible after the Project is delivered (or in the event of early closure of the Project).

5.3 Unless an extension of time has been agreed in writing by the Council, if the Project has not been delivered on time in accordance with the timeline for Project delivery set out in your application form, any unspent amount of the NCIL Funding will be returned to the Council within two weeks of the Council’s request.

5.4 ALL receipts for money spent on the Project using the NCIL Funding must be retained. Copies of such receipts for expenditure in the relevant quarter must be provided to the Council with the quarterly Reports.

5.5 If such receipts are not made available, you must return the amount of the NCIL Funding not accounted for with receipts to the Council at Project delivery, or early closure of the Project (if applicable).

6.0 Termination of contract/withdrawal of Neighbourhood CIL award

6.1 The Council reserves the right to terminate this agreement, clawback any amount of the NCIL Funding and/or withdraw its offer of funding to you from the Neighbourhood CIL Fund if you or the Project is found to be from a political group, part of a political campaign, promoting religion/faith/political ideology, actively discriminates against people with protected characteristics, or if the awarded money is spent on items or for purposes not originally agreed between you and the Council.

6.2 The Council may also terminate this agreement:

i. for any reason on 21 days’ notice to you; or

ii. where it is determined that the Project requires early closure for any of the reasons set out in this agreement, namely where permissions or consents have lapsed, where early closure of the project is proposed, or where the project is required to close under the sole discretion of the council;

iii. where invoices/receipts for funding spent on the project have not been submitted with quarterly reports.