Planning Act 2008

216 Application E+W

(1) Subject to section 219(5), CIL regulations must require the authority that charges CIL to apply it, or cause it to be applied, to funding infrastructure.

(2) In subsection (1) “infrastructure” includes—

(a) roads and other transport facilities,

(b) flood defences,

(c) schools and other educational facilities,

(d) medical facilities,

(e) sporting and recreational facilities,[F1 and]

(f) open spaces[F2 .]

F3 (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The regulations may amend subsection (2) so as to—

(a) add, remove or vary an entry in the list of matters included within the meaning of “infrastructure”;

(b) list matters excluded from the meaning of “infrastructure”.

(4) The regulations may specify—

(a) works, installations and other facilities that are to be, or not to be, funded by CIL,

(b) criteria for determining the areas in relation to which infrastructure may be funded by CIL in respect of land, and

(c) what is to be, or not to be, treated as funding.

(5) The regulations may—

(a) require charging authorities to prepare and publish a list of projects that are to be, or may be, wholly or partly funded by CIL;

(b) include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination);

(c) include provision about the circumstances in which a charging authority may and may not apply CIL to projects not included on the list.

(6) In making provision about funding the regulations may, in particular—

(a) permit CIL to be used to reimburse expenditure already incurred;

(b) permit CIL to be reserved for expenditure that may be incurred on future projects;

(c) permit CIL to be applied (either generally or subject to limits set by or determined in accordance with the regulations) to administrative expenses in connection with infrastructure or in connection with CIL;

(d) include provision for the giving of loans, guarantees or indemnities;

(e) make provision about the application of CIL where the projects to which it was to be applied no longer require funding.

(7) The regulations may—

(a) require a charging authority to account separately, and in accordance with the regulations, for CIL received or due;

(b) require a charging authority to monitor the use made and to be made of CIL in its area;

(c) require a charging authority to report on actual or expected charging, collection and application of CIL;

(d) permit a charging authority to cause money to be applied in respect of things done outside its area;

(e) permit a charging authority or other body to spend money;

(f) permit a charging authority to pass money to another body (and in paragraphs (a) to (e) a reference to a charging authority includes a reference to a body to which a charging authority passes money in reliance on this paragraph).

Textual Amendments

F1 Word in s. 216(2)(e) inserted (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 63(2)

F2 Word in s. 216(2)(f) substituted (6.4.2010) by The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 63(3)

F3 S. 216(2)(g) omitted (6.4.2010) by virtue of The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948), regs. 1, 63(4)