- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (24/02/2014)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 24/02/2014. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Planning Act 2008, Section 211 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)A charging authority which proposes to charge CIL must issue a document (a “charging schedule”) setting rates, or other criteria, by reference to which the amount of CIL chargeable in respect of development in its area is to be determined.
(2)A charging authority, in setting rates or other criteria, must have regard, to the extent and in the manner specified by CIL regulations, to—
(a)actual and expected costs of infrastructure (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);
(b)matters specified by CIL regulations relating to the economic viability of development (which may include, in particular, actual or potential economic effects of planning permission or of the imposition of CIL);
(c)other actual and expected sources of funding for infrastructure.
(3)CIL regulations may make other provision about setting rates or other criteria.
(4)The regulations may, in particular, permit or require charging authorities in setting rates or other criteria—
(a)to have regard, to the extent and in the manner specified by the regulations, to actual or expected administrative expenses in connection with CIL;
[F1(aa)to have regard, to the extent and in the manner specified by the regulations, to actual and expected costs of anything other than infrastructure that is concerned with addressing demands that development places on an area (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);
(ab)to have regard, to the extent and in the manner specified by the regulations, to other actual and expected sources of funding for anything other than infrastructure that is concerned with addressing demands that development places on an area;]
(b)to have regard, to the extent and in the manner specified by the regulations, to values used or documents produced for other statutory purposes;
(c)to integrate the process, to the extent and in the manner specified by the regulations, with processes undertaken for other statutory purposes;
(d)to produce charging schedules having effect in relation to specified periods (subject to revision).
(5)The regulations may permit or require charging schedules to adopt specified methods of calculation.
(6)In particular, the regulations may—
(a)permit or require charging schedules to operate by reference to descriptions or purposes of development;
(b)permit or require charging schedules to operate by reference to any measurement of the amount or nature of development (whether by reference to measurements of floor space, to numbers or intended uses of buildings, to numbers or intended uses of units within buildings, to allocation of space within buildings or units, to values or expected values or in any other way);
(c)permit or require charging schedules to operate by reference to the nature or existing use of the place where development is undertaken;
(d)permit or require charging schedules to operate by reference to an index used for determining a rate of inflation;
(e)permit or require charging schedules to operate by reference to values used or documents produced for other statutory purposes;
(f)provide, or permit or require provision, for differential rates, which may include provision for supplementary charges, a nil rate, increased rates or reductions.
(7)A charging authority may consult, or take other steps, in connection with the preparation of a charging schedule (subject to CIL regulations).
[F2(7A)A charging authority must use appropriate available evidence to inform the charging authority's preparation of a charging schedule.
(7B)CIL regulations may make provision about the application of subsection (7A) including, in particular—
(a)provision as to evidence that is to be taken to be appropriate,
(b)provision as to evidence that is to be taken to be not appropriate,
(c)provision as to evidence that is to be taken to be available,
(d)provision as to evidence that is to be taken to be not available,
(e)provision as to how evidence is, and as to how evidence is not, to be used,
(f)provision as to evidence that is, and as to evidence that is not, to be used,
(g)provision as to evidence that may, and as to evidence that need not, be used, and
(h)provision as to how the use of evidence is to inform the preparation of a charging schedule.]
(8)The regulations may require a charging authority to provide in specified circumstances an estimate of the amount of CIL chargeable in respect of development of land.
(9)A charging authority may revise a charging schedule.
(10)This section and sections 212, 213 and 214(1) and (2) apply to the revision of a charging schedule as they apply to the preparation of a charging schedule.
Textual Amendments
F1S. 211(4)(aa)(ab) inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(4), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)
F2S. 211(7A)(7B) inserted (16.11.2011) by Localism Act 2011 (c. 20), ss. 114(2), 240(6) (with ss. 114(8), 144)
Modifications etc. (not altering text)
C1S. 211(7A) modified by S.I. 2010/948, reg. 14(5) (as inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 5(3)(b) (with reg. 14(2)(7)))
Commencement Information
I1S. 211 partly in force; s. 211(1)-(6)(8) in force at Royal Assent see s. 241
I2S. 211(7) in force at 6.4.2009 by S.I. 2009/400, art. 3(l)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Testun a grëwyd gan yr adran o’r llywodraeth oedd yn gyfrifol am destun y Ddeddf i esbonio beth mae’r Ddeddf yn ceisio ei wneud ac i wneud y Ddeddf yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol. Cyflwynwyd Nodiadau Esboniadol ym 1999 ac maent yn cyd-fynd â phob Deddf Gyhoeddus ac eithrio Deddfau Adfeddiannu, Cronfa Gyfunol, Cyllid a Chyfnerthiad.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys