The Community Infrastructure Levy Regulations 2010

PART 3 E+W CHARGING SCHEDULES

Interpretation and application of Part 3 E+W

11.—(1) In this Part—

“consultation bodies” has the meaning given in [F1 regulation 15] [F1 regulation 16];

“differential rate” has the meaning given in regulation 13;

[F2 “draft infrastructure list” means a draft of the list that the charging authority intends to publish as their infrastructure list;]

“independent person” means—

(a)

an examiner appointed under section 212(1) of PA 2008, or

(b)

a person appointed under section 212(3) of PA 2008 to assist an examiner;

“relevant consenting authorities” means—

(a)

the Secretary of State,

(b)

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

the Mayor, if the charging schedule has been approved by a London borough council,

(d)

each London borough council, if the charging schedule has been approved by the Mayor,

(e)

each county council whose area includes any part of the area to which the charging schedule applies, and

(f)

any other body exercising the functions of a local planning authority (within the meaning of TCPA 1990) in the area to which the charging schedule applies;

“relevant evidence” means evidence which is readily available and which, in the opinion of the charging authority, has informed its preparation of the draft charging schedule;

“statement of modifications” means a document which—

(a)

sets out the modifications which the charging authority has made to the draft charging schedule since it was published in accordance with regulation 16, and

(b)

includes a statement specifying that a request to be heard by the examiner on those modifications may be made to the charging authority within the period of four weeks beginning with the day on which the draft charging schedule is submitted to the examiner; and

“zone” means a part of a charging authority’s area.

(2) The provisions of this Part apply to a revision of a charging schedule as they apply to the preparation of a charging schedule.

Textual Amendments

F1 Words in reg. 11(1) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(1) (with reg. 13)

F2 Words in reg. 11 inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 5(1)

F3 Words in reg. 11 omitted (1.4.2012) by virtue of The Localism Act 2011(Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 10(2)

Commencement Information

I1 Reg. 11 in force at 6.4.2010, see reg. 1

[F4 Exercise of Part 3 functions in anticipation that an MDC will be established E+W

11A.   Where—

(a) the Mayor has complied with the requirements of section 197(3)(a) to (e) of the Localism Act 2011 in relation to any proposed Mayoral development corporation;

(b) the time period described in section 197(3)(f) of that Act has expired without the London Assembly having rejected the proposal; and

(c) the Mayor intends that the proposed Mayoral development corporation will become the charging authority for its area under section 206(2) and (5)(a) of PA 2008,

the Mayor may, until that proposed Mayoral development corporation becomes the charging authority for its area, carry out the functions of a charging authority under regulations 12 (format and content of charging schedules) to 23 (publication of the examiner’s recommendations) on behalf of the proposed Mayoral development corporation.]

Textual Amendments

F4 Reg. 11A inserted (25.4.2013) by The Community Infrastructure Levy (Amendment) Regulations 2013 (S.I. 2013/982), regs. 1, 6(1)

Format and content of charging schedules E+W

12.—(1) Subject to the provisions of this Part a charging authority may determine the format and content of a charging schedule.

(2) A draft charging schedule submitted for examination in accordance with section 212 of PA 2008 must contain—

(a) the name of the charging authority;

(b) the rates (set at pounds per square metre) at which CIL is to be chargeable in the authority’s area;

(c) where a charging authority sets differential rates in accordance with regulation 13(1)(a), a map which—

(i) identifies the location and boundaries of the zones,

(ii) is reproduced from, or based on, an Ordnance Survey map,

(iii) shows National Grid lines and reference numbers, and

(iv) includes an explanation of any symbol or notation which it uses; and

(d) an explanation of how the chargeable amount will be calculated.

(3) A charging schedule approved by a charging authority must, in addition to the contents mentioned in paragraph (2), contain—

(a) the date on which the charging schedule was approved;

(b) the date on which the charging schedule takes effect; and

(c) a statement that it has been issued, approved and published in accordance with these Regulations and Part 11 of PA 2008.

(4) In paragraph (2)(c)(ii) “Ordnance Survey map” means a map produced by Ordnance Survey or a map on a similar base at a registered scale.

Commencement Information

I2 Reg. 12 in force at 6.4.2010, see reg. 1

Differential rates E+W

13.—(1) A charging authority may set differential rates—

(a) for different zones in which development would be situated;

(b) by reference to different intended uses of [F5 development;]

[F6 (c) by reference to the intended gross internal area of development;

(d) by reference to the intended number of dwellings or units to be constructed or provided under a planning permission.]

(2) In setting differential rates, a charging authority may set supplementary charges, nil rates, increased rates or reductions.

Textual Amendments

F5 Word in reg. 13(1)(b) substituted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 5(2)(a) (with reg. 14(2))

F6 Reg. 13(1)(c)(d) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 5(2)(b) (with reg. 14(2))

Commencement Information

I3 Reg. 13 in force at 6.4.2010, see reg. 1

Setting rates E+W

14.—(1) In setting rates (including differential rates) in a charging schedule, a charging authority must F7 ... strike F7 ... an appropriate balance between—

(a) the desirability of funding from CIL (in whole or in part) the actual and expected estimated total cost of infrastructure required to support the development of its area, taking into account other actual and expected sources of funding; and

(b) the potential effects (taken as a whole) of the imposition of CIL on the economic viability of development across its area.

(2) In setting rates in a charging schedule, a charging authority may also have regard to actual and expected administrative expenses in connection with CIL to the extent that those expenses can be funded from CIL in accordance with regulation 61.

(3) In having regard to the potential effects of the imposition of CIL on the economic viability of development (in accordance with paragraph (1)(b)), a London borough council [F8 or MDC] must take into account the rates set by the Mayor.

(4) For the purposes of paragraph (3), the rates set by the Mayor are the rates in the most recent charging schedule approved by the Mayor before the London borough council [F9 or MDC] begins consultation on its [F10 preliminary draft charging schedule in accordance with regulation 15] [F10 draft charging schedule in accordance with regulation 16].

[F11 (5) For the purposes of section 211(7A) of PA 2008, a charging authority’s draft infrastructure list is appropriate evidence to inform the preparation of their charging schedule.]

Textual Amendments

F7 Words in reg. 14(1) omitted (24.2.2014) by virtue of The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 5(3)(a) (with reg. 14(2)(7))

F8 Words in reg. 14(3) inserted (25.4.2013) by The Community Infrastructure Levy (Amendment) Regulations 2013 (S.I. 2013/982), regs. 1, 6(2)

F9 Words in reg. 14(4) inserted (25.4.2013) by The Community Infrastructure Levy (Amendment) Regulations 2013 (S.I. 2013/982), regs. 1, 6(2)

F10 Words in reg. 14(4) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(2) (with reg. 13)

F11 Reg. 14(5) 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

I4 Reg. 14 in force at 6.4.2010, see reg. 1

Consultation on a preliminary draft charging schedule E+W

[F12 15.— (1) A charging authority which proposes to issue or revise a charging schedule must prepare a preliminary draft charging schedule for consultation.

(2) The charging authority must—

(a) send a copy of the preliminary draft to each of the consultation bodies; and

(b) invite each of those bodies to make representations on the preliminary draft.

(3) For a charging authority in England, the consultation bodies are—

(a) each of the following whose area is in or adjoins the charging authority’s area—

(i) a local planning authority within the meaning of section 37 of PCPA 2004(1),

(ii) a local planning authority within the meaning of section 78 of PCPA 2004,

(iii) a county council,

F13 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) each parish council whose area is in the charging authority’s area;

(c) the Mayor if the charging authority is a London borough council;

(d) any other person exercising the functions of a local planning authority (within the meaning of TCPA 1990) for an area within, or which adjoins, the charging authority’s area.

(4) For a charging authority in Wales, the consultation bodies are—

(a) each of the following whose area is in or adjoins the charging authority’s area—

(i) a local planning authority within the meaning of section 78 of PCPA 2004,

(ii) a local planning authority within the meaning of section 37 of PCPA 2004;

(b) any other person exercising the functions of a local planning authority (within the meaning of TCPA 1990) for an area within, or which adjoins, the charging authority’s area; and

(c) the Welsh Ministers.

(5) The charging authority must also invite representations on the preliminary draft from—

(a) persons who are resident or carrying on business in its area; and

(b) such of the following as the charging authority consider appropriate—

(i) voluntary bodies some or all of whose activities benefit the charging authority’s area, and

(ii) bodies which represent the interests of persons carrying on business in the charging authority’s area.

(6) The charging authority must make such arrangements as it considers appropriate for inviting representations under paragraph (5).

(7) The charging authority must take into account any representations made to it under this regulation before it publishes a draft of the charging schedule for examination in accordance with section 212 of PA 2008.

F14 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F12 Reg. 15 omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(3) (with reg. 13)

F13 Reg. 15(3)(a)(iv) omitted (29.11.2012) by virtue of The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 4(1)(a)

F14 Reg. 15(8) omitted (29.11.2012) by virtue of The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 4(1)(b)

Commencement Information

I5 Reg. 15 in force at 6.4.2010, see reg. 1

Publication of a draft charging schedule E+W

16.—(1) Before submitting a draft charging schedule for examination in accordance with section 212 of PA 2008, the charging authority must—

(a) make a copy of the draft charging schedule, the relevant evidence and a statement of the representations procedure available for inspection—

(i) at its principal office, and

(ii) at such other places within its area as it considers appropriate;

(b) publish on its website—

(i) the draft charging schedule,

(ii) the relevant evidence (to the extent that it is practicable to do so),

(iii) a statement of the representations procedure, and

(iv) a statement of the fact that the draft charging schedule and relevant evidence are available for inspection and of the places at which they can be inspected;

(c) send to each of the consultation bodies—

(i) a copy of the draft charging schedule, and

(ii) a statement of the representations procedure [F15 ; and][F15 .]

[F16 (d) give by local advertisement notice which sets out—

(i) a statement of the representations procedure, and

(ii) a statement of the fact that the draft charging schedule and relevant evidence are available for inspection and of the places at which they can be inspected.]

[F17 (1A) The charging authority must invite representations on the draft charging schedule from such of the following as the authority considers appropriate—

(a) persons who are resident or carrying on business in its area;

(b) voluntary bodies some or all of whose activities benefit the charging authority’s area; and

(c) bodies which represent the interests of persons carrying on business in the charging authority’s area.]

(2) In this regulation [F18 —

“consultation bodies” means—

(a)

each of the following whose area is in or adjoins the charging authority’s area—

(i)

a local planning authority within the meaning of section 37 of PCPA 2004;

(ii)

a local planning authority within the meaning of section 78 of PCPA 2004;

(iii)

a county council;

(b)

each parish council or neighbourhood forum whose area is in the charging authority’s area;

(c)

the Mayor if the charging authority is a London borough council;

(d)

any other person exercising the functions of a local planning authority (within the meaning of TCPA 1990) for an area within, or which adjoins, the charging authority’s area;

“neighbourhood forum” means an organisation or body designated as such under section 61F(3) of TCPA 1990;]

“statement of the representations procedure” means a statement specifying—

(a)

the period within which representations about the draft charging schedule must be made in accordance with regulation 17(2)(a);

(b)

the address to which, and the name of the person (if any) to whom, representations about the draft charging schedule must be made in accordance with regulation 17(2)(b);

(c)

that representations may be made in writing or by way of electronic communications;

(d)

that persons making representations may request the right to be heard by the examiner; and

(e)

that representations may be accompanied by a request to be notified at a specified address of any of the following—

(i)

that the draft charging schedule has been submitted to the examiner in accordance with section 212 of PA 2008,

(ii)

the publication of the recommendations of the examiner and the reasons for those recommendations, and

(iii)

the approval of the charging schedule by the charging authority.

Textual Amendments

F15 Reg. 16(1)(c): full stop substituted for semicolon and word (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(4)(a)(i) (with reg. 13)

F16 Reg. 16(1)(d) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(4)(a)(ii) (with reg. 13)

F17 Reg. 16(1A) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(4)(b) (with reg. 13)

F18 Words in reg. 16(2) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(4)(c) (with reg. 13)

Commencement Information

I6 Reg. 16 in force at 6.4.2010, see reg. 1

Representations relating to a draft charging schedule E+W

17.—(1) Any person may make representations about a draft charging schedule which a charging authority proposes to submit to the examiner.

(2) Any such representations must be—

(a) made within the period which the charging authority specifies for the purposes of this paragraph; and

(b) sent to the address, and if the charging authority think it appropriate to specify a person, the person, which the charging authority specifies for the purposes of this paragraph.

[F19 (3) The period which the charging authority specifies for the purposes of paragraph (2) must be a period of not less than four weeks starting on the day on which notice given pursuant to regulation 16(1)(d) is first published.]

(4) A person who has made representations about a draft charging schedule may withdraw those representations at any time by giving notice in writing to the charging authority.

[F20 (5) The charging authority must take into account any representations made to it under this regulation before submitting a draft charging schedule for examination in accordance with section 212 of PA 2008.]

Textual Amendments

F19 Reg. 17(3) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(5)(a) (with reg. 13)

F20 Reg. 17(5) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(5)(b) (with reg. 13)

Commencement Information

I7 Reg. 17 in force at 6.4.2010, see reg. 1

Withdrawal of a draft charging schedule E+W

18.  Where a charging authority withdraws a draft charging schedule under section 212(11) of PA 2008 it must, as soon as practicable after it is withdrawn—

(a) publish a statement of that fact on its website;

[F21 (b) give notice of that fact by local advertisement;]

(c) notify any person that was invited to make representations on the draft charging schedule of that fact; and

(d) remove from its website and from the places at which they were made available any copies, documents, evidence and statements made available or published under regulation 16(1)(a) or (b).

Textual Amendments

F21 Reg. 18(b) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(6) (with reg. 13)

Commencement Information

I8 Reg. 18 in force at 6.4.2010, see reg. 1

Submission of documents and information to the examiner E+W

19.—(1) The charging authority must submit the following to the examiner F22 ...—

(a) the draft charging schedule;

(b) a statement setting out—

(i) if representations were made in accordance with regulation 17, the number of representations made and a summary of the main issues raised by the representations, [F23 and a summary of how the representations received were taken into account,] or

(ii) that no such representations were made;

(c) copies of any representations made in accordance with regulation 17;

(d) where the charging authority modified the draft charging schedule after it was published in accordance with regulation 16, a statement of modifications; and

(e) copies of the relevant evidence.

(2) Of the documents and statements mentioned in paragraph (1)—

(a) a copy of each must be sent in paper form; and

(b) a copy of those mentioned in paragraph (1)(a), (b) and (d) and, to the extent that it is practicable to do so, of those mentioned in paragraph (1)(c) and (e), must be sent electronically.

(3) As soon as practicable after a charging authority submits a draft charging schedule to the examiner it must—

(a) make available at the places where the documents mentioned in regulation 16(1)(a) were made available, a copy of the draft charging schedule and of each of the documents mentioned in paragraph (1);

(b) publish on its website—

(i) the draft charging schedule and the documents mentioned in paragraph (1)(a), (b) and (d),

(ii) any of the documents mentioned in paragraph (1)(c) and (e) which it is practicable to so publish, and

(iii) a statement of the fact that a copy of the draft charging schedule and of each of the documents mentioned in paragraph (1) are available for inspection and of the places at which they can be inspected; and

(c) give notice to those persons who requested to be notified of the submission of the draft charging schedule to the examiner that the draft has been so submitted.

[F24 (4) Where the charging authority modified the draft charging schedule after it was published in accordance with regulation 16, the charging authority must—

(a) send a copy of the statement of modifications to each of the consultation bodies invited to make representations under [F25 regulation 15] [F25 regulation 16]; and

(b) publish the statement of modifications on its website.

(5) The charging authority must comply with paragraph (4) before submitting to the examiner the documents mentioned in paragraph (1).]

Textual Amendments

F22 Words in reg. 19(1) omitted (29.11.2012) by virtue of The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 4(2)

F23 Words in reg. 19(1)(b)(i) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(7)(a) (with reg. 13)

F24 Reg. 19(4)(5) substituted for reg. 19(4) (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 5

F25 Words in reg. 19(4) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(7)(b) (with reg. 13)

Commencement Information

I9 Reg. 19 in force at 6.4.2010, see reg. 1

Consideration of representations by examiner E+W

20.  The examiner must consider any representations made in accordance with regulation 17 before complying with section 212(7) of PA 2008.

Commencement Information

I10 Reg. 20 in force at 6.4.2010, see reg. 1

CIL examination: right to be heard E+W

21.—(1) A person who makes representations about a draft charging schedule in accordance with regulation 17 must (if the person so requests) be heard by the examiner.

(2) A request under paragraph (1) must be submitted to the charging authority in writing before the end of the period the charging authority specifies for the purposes of regulation 17(2).

(3) Where a charging authority modifies a draft charging schedule after it is published in accordance with regulation 16, any person may request to be heard by the examiner in relation to those modifications.

(4) The right to be heard under paragraph (3) applies only in relation to the modifications made to the draft charging schedule as set out in the statement of modifications.

(5) A request under paragraph (3) must—

(a) be submitted to the charging authority in writing before the end of the period of four weeks beginning with the day on which the draft charging schedule is submitted to the examiner in accordance with regulation 19(1); and

(b) include details of the modifications (by reference to the statement of modifications) on which the person wishes to be heard.

(6) The charging authority must submit a copy of each request it receives under paragraph (3) to the examiner as soon as practicable after the end of the period mentioned in paragraph (5)(a).

(7) A person who has made a request to be heard under paragraph (3) may withdraw that request at any time before the opening of the examination by giving notice in writing to the charging authority.

(8) Where a person has submitted a request to be heard by the examiner, the charging authority must—

(a) publish the matters mentioned in paragraph (9) on its website;

(b) notify the following of those matters—

(i) any person who has made a representation in accordance with regulation 17, and not withdrawn that representation, of those matters,

(ii) any person who has made a request to be heard under paragraph (3)[F26 ; and][F26 .]

[F27 (c) give notice by local advertisement of those matters.]

(9) The matters referred to in paragraph (8) are—

(a) the time and place at which the examination is to be held; and

(b) the name of the examiner.

(10) Subject to paragraph (11), the charging authority must comply with the requirements set out in paragraph (8) at least four weeks before the opening of the examination.

(11) Where a person has made a request to be heard by the examiner under paragraph (3), the charging authority must comply with the requirements in paragraph (8) at least two weeks before the opening of the examination.

(12) Without prejudice to section 212(9) of PA 2008—

(a) it is for the examiner to decide how the hearing is to be conducted;

(b) the examiner may, in particular, decide the amount of time to be allowed at an examination for the hearing of representations;

(c) the examiner may refuse to allow representations to be made at the hearing if the examiner considers that the representations are irrelevant, frivolous, vexatious or repetitious.

Textual Amendments

F26 Reg. 21(8)(b): full stop substituted for semicolon and word (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(8)(a) (with reg. 13)

F27 Reg. 21(8)(c) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(8)(b) (with reg. 13)

Commencement Information

I11 Reg. 21 in force at 6.4.2010, see reg. 1

Joint examinations E+W

22.—(1) Two or more charging schedules may be examined as part of the same examination if the charging authorities who prepared the draft charging schedules all agree.

(2) Examination of a charging schedule may be carried out jointly with—

(a) an examination of a development plan document under section 20 of PCPA 2004 (independent examination); or

(b) an examination of a local development plan under section 64 of PCPA 2004 (independent examination).

(3) In relation to Greater London, examination of a charging schedule prepared by the Mayor may be carried out jointly with an examination in public of the spatial development strategy under section 338 of the Greater London Authority Act 1999(2) (examination in public).

(4) Where a joint examination is carried out under paragraph (3), any other charging schedule prepared by a London borough [F28 council or MDC] may be examined as part of the same examination.

(5) The charging authority and Secretary of State must agree to a joint examination under paragraph (2)(a) or (3).

(6) The charging authority and the Welsh Ministers must agree to a joint examination under paragraph (2)(b).

(7) A joint examination under paragraph (2) may only be carried out in relation to one or more charging schedules and one development plan document or one local development plan (as the case may be).

Textual Amendments

F28 Words in reg. 22(4) inserted (25.4.2013) by The Community Infrastructure Levy (Amendment) Regulations 2013 (S.I. 2013/982), regs. 1, 6(3)

Commencement Information

I12 Reg. 22 in force at 6.4.2010, see reg. 1

Publication of the examiner’s recommendations E+W

23.—(1) The examiner’s recommendations and reasons for those recommendations must be submitted in writing to the charging authority.

(2) The charging authority must comply with section 212(8) of PA 2008 (publication of recommendations and reasons) as soon as practicable after the day on which it receives the recommendations and reasons.

(3) When the charging authority complies with section 212(8) of PA 2008 it must—

(a) make the recommendations and reasons available for inspection at the places at which the documents mentioned in regulation 16(1)(a) were made available;

(b) publish the recommendations and reasons on its website; and

(c) give notice to those persons who requested to be notified of the publication of the examiner’s recommendations and reasons that they have been so published.

Commencement Information

I13 Reg. 23 in force at 6.4.2010, see reg. 1

Correction of errors in examiner’s recommendations E+W

24.—(1) This regulation applies if—

(a) the document recording the examiner’s recommendations and reasons contains a correctable error; and

(b) the draft charging schedule in respect of which the recommendations were made has not been approved by the charging authority in accordance with section 213 of PA 2008.

(2) The examiner may correct the error—

(a) of the examiner’s own volition; or

(b) if requested to do so in writing by the charging authority.

(3) If a correction is made under this regulation—

(a) the examiner’s original recommendations and reasons cease to have effect;

(b) the charging authority must give notice of the correction to those persons who requested to be notified of the publication of the examiner’s recommendations and reasons;

(c) the revised recommendations and reasons must be published in accordance with regulation 23; and

(d) the revised recommendations and reasons have effect on the day they are received by the charging authority.

(4) In paragraph (1) “correctable error” means an error which—

(a) does not alter the substance of the recommendations or reasons; or

(b) must be corrected to make the recommendations consistent with the reasons given for those recommendations.

Commencement Information

I14 Reg. 24 in force at 6.4.2010, see reg. 1

Approval and publication of a charging schedule E+W

25.  As soon as practicable after the charging authority approves a charging schedule in accordance with section 213 of PA 2008 it must—

(a) publish the charging schedule [F29 , together with any report made under section 213(3B) of PA 2008,] on its website;

(b) make the charging schedule [F30 , together with any report made under section 213(3B) of PA 2008,] available for inspection at the places at which the documents mentioned in regulation 16(1)(a) were made available;

[F31 (c) give notice by local advertisement of the approval of the charging schedule, that a copy of the charging schedule is available for inspection, and of the places at which it can be inspected;]

(d) give notice to those persons who requested to be notified of the approval of the charging schedule that it has been so approved; and

(e) send a copy of the charging schedule to each of the relevant consenting authorities.

Textual Amendments

F29 Words in reg. 25(a) inserted (29.11.2012) by The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 4(3)(a) (with reg. 10(2))

F30 Words in reg. 25(b) inserted (29.11.2012) by The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 4(3)(b) (with reg. 10(2))

F31 Reg. 25(c) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(9) (with reg. 13)

Commencement Information

I15 Reg. 25 in force at 6.4.2010, see reg. 1

Correction of errors in a charging schedule E+W

26.—(1) This regulation applies if a charging schedule approved by a charging authority contains a correctable error.

(2) A correctable error is an error which if corrected—

(a) would have no effect on the amount of CIL chargeable in respect of any given chargeable development in the charging authority’s area; or

(b) would have the effect mentioned in paragraph (2)(a), but the correction is required in order to give effect to the modifications to the draft charging schedule recommended by the examiner.

(3) The charging authority must correct the error either—

(a) of its own volition; or

(b) if it is requested to do so in writing by any person.

(4) But the charging authority may not correct the error after the end of the period of six months beginning with the day on which the charging schedule was approved under section 213 of PA 2008.

(5) If an error is corrected in pursuance of this regulation the charging authority must, as soon as practicable after making the correction—

(a) issue a notice in writing (a “correction notice”) which specifies the correction of the error;

(b) where the correction was requested in accordance with paragraph (3)(b), send a copy of the correction notice to the person who requested the correction;

(c) publish the corrected charging schedule and correction notice on its website;

(d) make the corrected charging schedule and correction notice available for inspection at the places at which the documents mentioned in regulation 16(1)(a) were made available; and

(e) where the error is one to which paragraph (2)(b) applies—

[F32 (i) give notice by local advertisement of the correction, that a copy of the corrected charging schedule and correction notice is available for inspection, and of the places at which they can be inspected,]

(ii) send a copy of the correction notice to those persons who requested to be notified of the approval of the charging schedule, and

(iii) send a copy of the correction notice to the relevant consenting authorities.

Textual Amendments

F32 Reg. 26(5)(e)(i) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(10) (with reg. 13)

Commencement Information

I16 Reg. 26 in force at 6.4.2010, see reg. 1

Effect of correction of a charging schedule E+W

27.—(1) Where a correction is made to a charging schedule in accordance with regulation 26, the charging schedule continues to have effect and is treated as corrected as specified in the correction notice issued under regulation 26(5)(a) with effect from the date that notice is issued.

(2) Paragraph (3) applies where—

(a) the error corrected is one to which regulation 26(2)(b) applies; and

(b) as a result of the error, the chargeable amount payable in respect of a chargeable development (D) decreases.

(3) The collecting authority must—

(a) notify the affected persons in writing of the correction; and

(b) recalculate—

(i) the chargeable amount payable in respect of D, and

(ii) where relief has been granted in respect of D, the amount of relief granted.

(4) For the purposes of paragraph (3)(a) the affected persons are—

(a) where D has been commenced, the persons liable to pay CIL in respect of D;

(b) where D has not commenced, the persons on whom the collecting authority is required to serve a liability notice in respect of D(3).

(5) For the purposes of paragraph (3)(b), the amount of any relief must be recalculated by reference to the corrected charging schedule, but must otherwise be calculated on the same basis as when originally calculated and using the information available to the collecting authority at that time.

Commencement Information

I17 Reg. 27 in force at 6.4.2010, see reg. 1

Charging schedule: effect E+W

28.—(1) A charging schedule takes effect at the beginning of the day specified for that purpose in the charging schedule.

(2) A charging schedule may not take effect any earlier than the day after the day on which it is published.

(3) A charging schedule issued by a charging authority has effect until—

(a) the beginning of the day on which that charging authority determines that it should cease to have effect; or

(b) the end of the day before the day a revised charging schedule issued by that charging authority takes effect.

[F33 (4) If a charging authority determines (in accordance with section 214(3) of PA 2008) that a charging schedule is to cease to have effect it must—

(a) publish a statement of that fact on its website;

(b) give notice of that fact by local advertisement; and

(c) notify the relevant consenting authorities of that fact.]

Textual Amendments

F33 Reg. 28(4) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 4(1) (with reg. 13)

Commencement Information

I18 Reg. 28 in force at 6.4.2010, see reg. 1

[F34 Charging schedules: procedure in relation to a charging schedule ceasing to have effect E+W

28A.— (1) Subject to paragraph (2), a charging authority (other than the Mayor) which proposes to make a determination under section 214(3) of PA 2008 that a charging schedule is to cease to have effect must—

(a) prepare a statement which provides—

(i) details of the CIL receipts for the period of five years immediately preceding the date on which the statement is first published in accordance with sub-paragraph (d), or, where the charging schedule was not in effect for the whole of the five years, the period during which the charging schedule was in effect;

(ii) an assessment, for the period of five years beginning with the date on which it is proposed the charging schedule will cease to have effect in the area, of the potential effects of the proposal on the funding of infrastructure needs for the area; and

(iii) a summary of the measures (in relation to planning obligations or otherwise) the charging authority has or intends to put in place in relation to funding of infrastructure needs for the area, together with an assessment of how effective the authority considers those measures are likely to be in replacing the funding lost on the charging schedule ceasing to have effect;

(b) make a copy of the documents referred to in sub-paragraph (a) available for inspection at its principal office;

(c) send a copy of those documents to the consultation bodies;

(d) publish on its website—

(i) a statement specifying that the authority proposes to determine under section 214(3) of PA 2008 that a charging schedule is to cease to have effect;

(ii) a copy of the statement referred to in sub-paragraph (a); and

(iii) a statement specifying—

(aa) the period (being not less than four weeks) within which representations about the proposal may be made;

(bb) the address to which, and the name of the person (if any) to whom, representations about the proposal must be made;

(cc) that representations may be made in writing or by way of electronic communications;

(dd) that representations may be accompanied by a request to be notified at a specified address of the decision of the charging authority in relation to the proposal; and

(e) consider any representations made to it under this regulation.

(2) Paragraph (1) does not apply where the determination referred to in paragraph (1) is part of a proposal under which the charging authority replaces a charging schedule (A) with a new charging schedule (B) provided that A ceases to have effect on the same day B takes effect.

(3) Where paragraph (2) applies, in addition to publication of B under regulation 25 a charging authority must continue to—

(a) make a copy of A available for inspection at its principal office and at such other offices within its area as it considers appropriate; and

(b) publish A on its website.

(4) Where a charging authority makes a determination under section 214(3) of PA 2008 that a charging schedule is to cease to have effect it must—

(a) publish a statement of that fact on its website; and

(b) notify the relevant consenting authorities of that fact.]

Textual Amendments

F34 Reg. 28A inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 4(2) (with reg. 13)

Payment of fees and expenses of independent persons E+W

29.—(1) Subject to paragraph (2), a charging authority which appoints an independent person for the purposes of an examination must defray the fees and expenses of that person.

(2) Where two or more draft charging schedules are examined at the same examination, the fees and expenses of an independent person must be defrayed by each of the charging authorities whose draft charging schedules are the subjects of the examination.

(3) This regulation does not apply where the fees and expenses of the independent person are paid by the Secretary of State and recoverable by the Secretary of State in accordance with regulation 30.

Commencement Information

I19 Reg. 29 in force at 6.4.2010, see reg. 1

Recovery of costs incurred by the Secretary of State E+W

30.—(1) The Secretary of State may require a charging authority whose draft charging schedule is the subject of an examination to pay the whole or any part of the costs incurred by the Secretary of State in relation to that examination.

(2) The costs that may be recovered by the Secretary of State under this regulation include, in particular—

(a) costs attributable to the remuneration, fees and expenses of an independent person; and

(b) administrative costs and overheads incurred by the Secretary of State in relation to the examination.

(3) Where two or more draft charging schedules are examined at the same examination, any costs recovered by the Secretary of State in relation to that examination must be recovered from each of the charging authorities whose draft charging schedules are the subject of the examination.

(4) Where a joint examination is carried out in accordance with regulation 22(2) or (3), the costs incurred by the Secretary of State in relation to the examination of a charging schedule at that examination may be recovered by the Secretary of State in accordance with this regulation to the extent that those costs are not recoverable under—

(a) section 303A(1A) of TCPA 1990(4) (responsibility of local planning authorities for costs of holding certain inquiries); or

(b) section 338(9) of the Greater London Authority Act 1999.

(5) The costs incurred by the Secretary of State in relation to an examination which does not take place may be recovered by the Secretary of State from the charging authorities from which they would have been recoverable had the examination taken place.

(6) The Secretary of State may cause the amount of any costs recoverable in accordance with this regulation to be certified; and any amount so certified and required to be paid by a charging authority is recoverable from that authority as a civil debt.

Commencement Information

I20 Reg. 30 in force at 6.4.2010, see reg. 1

(1)

Relevant amendments were made to section 37 by paragraph 81 of Schedule 8 to the Housing and Regeneration Act 2008.

(2)

1999 c. 29; section 338 was amended by paragraph 52 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).

(3)

As to the requirements relating to service of a liability notice, see regulation 65.

(4)

Section 303A was inserted by section 1(1) of the Town and Country Planning (Costs of Inquiries etc) Act 1995 (c. 49) and amended by paragraph 11 of Schedule 6 to the Planning and Compulsory Purchase Act 2004.