IT is ‘factually incorrect’ that Teignbridge District Council (TDC) is taking legal action against Newton Abbot Town Council (NATC), the district authority has said amid rumours to the contrary.
It is, however, true to say that TDC is seeking to recover Community Infrastructure Levy (CIL) payments it made to the town council, though it refutes the suggestion that it is suing them.
‘Any assertion that TDC is taking legal action against NATC is factually incorrect’ a spokesperson for TDC said.
‘However, TDC is seeking to recover CIL payments made to the Town Council’ the spokesperson added.
TDC are understood to have issued NATC with a Regulation 59E Notice, which requires the town council to repay some or all of the CIL.
In response, Newton Abbot Town Council are understood to have instructed barristers.
Regarding the situation, NATC said it had no comment.
The Mid Devon Advertiser asked Teignbridge District Council to outline its reason(s) for wanting to recover the payments from the town council and whether it was seeking to do the same with other town and parish councils, to which it said it was ‘not able to provide further clarity at the moment’.
The district council would not elaborate on the amount of CIL involved either, however the figure is thought to be £157,000, of which at least £78,000 was used to refurbish the town’s Grade II listed War Memorial, the Mid-Devon Advertiser understands.
The Community Infrastructure Levy is a charge which can be levied by local authorities on new development in their area; it is a tool for local authorities to use to help them deliver the infrastructure needed to support development.
Up to 25 percent of CIL funding afforded TDC is given to its town and parish councils, Newton Abbot among them, where they have an adopted Neighbourhood Plan, otherwise it is a 15 percent share.
Teignbridge District Council’s website says the following: ‘The funds are to be spent on the provision, improvement, replacement, operation or maintenance of infrastructure and on anything else that addresses the demands that new development places on an area, for example a new play park, new community building, community gardens, sports pavilion or cycle stand/storage.’
It goes on to say that: ‘The Town or Parish decides what they want to spend their funding on’.