West Lancs logo

Regulation 123 list

The CIL Regulations restrict the use of S106 agreements, so that when CIL is introduced, the use of S106 agreements will be scaled back and limited to those matters that are directly related to a specific site.

Therefore, it is important that the Council make clear the type of infrastructure that we intend to use CIL receipts for. This means that any other matters (ie those NOT on the list) can be secured through a S106 agreement, should they be required.

The list of infrastructure projects is a requirement of CIL Regulation 123. It is therefore known as a 'Regulation 123 list', or 'R123 list' for short.  The R123 list must be published on the Council's website, and a copy of the list can be found using the link below.

Summary of the R123 list

Strategic transport and highways improvements or provision to include:

  • cycle network provision and improvements
  • footpaths
  • bus stops

but excluding any works that should form part of a Section 278 agreement

Strategic green infrastructure including improvements to and provision of

  • parks
  • amenity open space
  • play areas
  • outdoor sports facilities and playing pitches
  • semi natural open space

 but excluding:

  • delivery of the Burscough to Ormskirk linear park
  • delivery of a new town park associated with the Yew Tree Farm strategic development site, Burscough
  • any other onsite green infrastructure required by the most up to date planning policy in order to meet the needs of larger development sites

Community facilities including:

  • libraries
  • health facilities
  • community centres
  • public realm
  • leisure centres

 The following items will continue to be secured on a site by site basis through either Section 106 agreements or planning conditions:

  • affordable housing
  • education provision
  • onsite open space (as set out above)
  • flood alleviation measures

 For further information on S106s and CIL, please see the section CIL and Section 106s.