The Community Infrastructure Levy Regulations 2010

Meaning of “chargeable development” E

9.—(1) The chargeable development is the development for which planning permission is granted.

(2) Paragraph (1) is subject to the following provisions of this regulation.

(3) Where planning permission is granted by way of a general consent, the chargeable development is the development identified in a notice of chargeable development submitted to the collecting authority in accordance with regulation 64 [F1 , or prepared by the collecting authority in accordance with regulation 64A].

(4) In the case of a grant of [F2 phased planning permission], each phase of the development is a separate chargeable development.

[F3 (5) In Wales, where the effect of a planning permission granted under section 73 of TCPA 1990 is only to change a condition subject to which a previous planning permission was granted by extending the time within which development must be commenced, the chargeable development is the development for which permission was granted by the previous permission as if that development was commenced.

[F4 (6) Where a planning permission is granted under section 73 of TCPA 1990, the chargeable development is the most recently commenced or re-commenced chargeable development.]

F4 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) For the purposes of [F5 paragraph (6)], chargeable development is re-commenced where—

(a) the chargeable development (“the earlier development”) was commenced;

(b) work on the earlier development was halted and a different chargeable development (“the later development”) that was granted planning permission under section 73 of TCPA 1990 was commenced on the relevant land; and

(c) the later development was subsequently halted and the earlier development is continued.]

Extent Information

E1 This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F1 Words in reg. 9(3) inserted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 4(3)

F2 Words in reg. 9(4) substituted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 4(2) (with reg. 14(1)(7))

F3 Reg. 9(5)-(9) substituted for reg. 9(5) (29.11.2012) by The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 3(2) (with reg. 10(1))

F4 Reg. 9(6) substituted for reg. 9(6)-(8) (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 5(1)(a) (with regs. 1(3), 13)

F5 Words in reg. 9(9) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 5(1)(b) (with regs. 1(3), 13)

Commencement Information

I1 Reg. 9 in force at 6.4.2010, see reg. 1

Meaning of “chargeable development” W

9.—(1) The chargeable development is the development for which planning permission is granted.

(2) Paragraph (1) is subject to the following provisions of this regulation.

(3) Where planning permission is granted by way of a general consent, the chargeable development is the development identified in a notice of chargeable development submitted to the collecting authority in accordance with regulation 64 [F6 , or prepared by the collecting authority in accordance with regulation 64A].

(4) In the case of a grant of [F7 phased planning permission], each phase of the development is a separate chargeable development.

[F8 (5) In Wales, where the effect of a planning permission granted under section 73 of TCPA 1990 is only to change a condition subject to which a previous planning permission was granted by extending the time within which development must be commenced, the chargeable development is the development for which permission was granted by the previous permission as if that development was commenced.

(6) Where the effect of a planning permission granted under section 73 of TCPA 1990 is to change a condition subject to which a previous planning permission was granted so that the amount of CIL payable calculated under regulation 40 (as modified by paragraph (8)) would not change, the chargeable development is the development for which planning permission was granted by the previous permission as if that development was commenced.

(7) Where the effect of the planning permission granted under section 73 of TCPA 1990 is to change a condition subject to which a previous planning permission was granted so that the amount of CIL payable under regulation 40 (as modified by paragraph (8)) would change, the chargeable development is the most recently commenced or re-commenced chargeable development.

(8) For the purposes of paragraphs (6) and (7), the liability to CIL under regulation 40 should be calculated in relation to an application made under section 73 of TCPA 1990 as if the date on which the planning permission granted under that application first permits development was the same as that for the application for planning permission to which the application under section 73 of TCPA 1990 relates.

(9) For the purposes of paragraph (7), chargeable development is re-commenced where—

(a) the chargeable development (“the earlier development”) was commenced;

(b) work on the earlier development was halted and a different chargeable development (“the later development”) that was granted planning permission under section 73 of TCPA 1990 was commenced on the relevant land; and

(c) the later development was subsequently halted and the earlier development is continued.]

Extent Information

E2 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F6 Words in reg. 9(3) inserted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 4(3)

F7 Words in reg. 9(4) substituted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 4(2) (with reg. 14(1)(7))

F8 Reg. 9(5)-(9) substituted for reg. 9(5) (29.11.2012) by The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 3(2) (with reg. 10(1))

Commencement Information

I2 Reg. 9 in force at 6.4.2010, see reg. 1