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PART 8E+WADMINISTRATION

Notice of chargeable developmentE+W

64.—(1) This regulation applies where planning permission is granted for development by way of a general consent.

[F1(1A) Paragraph (2) does not apply to a development—

(a)to which regulation 42 applies; or

(b)in relation to which the chargeable amount, calculated under regulation 40, is zero.] 

(2) Before any development authorised by a general consent is commenced, a notice of chargeable development must be submitted to the collecting authority in respect of that development.

(3) The notice must—

(a)be submitted in writing on a form published by the Secretary of State (or a form to substantially the same effect); and

(b)include the particulars specified or referred to in the form.

[F2(4) The notice must be accompanied by a plan which identifies —

(a)the land to which the notice relates;

(b)any buildings in use on that land which are to be demolished before the completion of the chargeable development;

(c)any buildings in use on that land which will be part of the chargeable development on completion, and

(d)the development which is the subject of the notice.]

F3(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) A person who submits a notice of chargeable development must notify the collecting authority in writing of any changes to the information provided in that notice before the chargeable development is commenced.

(8) A collecting authority may request a person who has submitted a notice of chargeable development to provide it with such further information, documents or materials which the collecting authority considers relevant to assist it in calculating the chargeable amount.

(9) For the purposes of this regulation, a building is considered in use if a part of that building has been in use for a continuous period of at least six months within the period of 12 months ending on the day the notice of chargeable development is submitted [F4, or on the day the last person who is to be served with a notice of chargeable development under regulation 64A(3) is served, whichever is the later].

Textual Amendments

Commencement Information

I1Reg. 64 in force at 6.4.2010, see reg. 1

[F5Preparation and service of notice of chargeable development by collecting authorityE+W

64A.—(1) This regulation applies where—

(a)planning permission for a development is granted by way of a general consent;

(b)no notice of chargeable development has been submitted to the collecting authority under regulation 64(2) in respect of that development; and

(c)the collecting authority is of the view that—

(i)the development has been commenced; and

(ii)the exemption conferred by regulation 42 does not apply in relation to the development.

(2) The collecting authority must prepare a notice of chargeable development which—

(a)is in writing on a form published by the Secretary of State (or a form to substantially the same effect);

(b)includes the particulars specified or referred to in the form; and

(c)is accompanied by a plan which identifies—

(i)the land to which the notice relates;

(ii)the building which is the subject of the notice;

(iii)where the collecting authority has sufficient information to do so, any buildings in use on that land which are to be demolished before the completion of the chargeable development; and

(iv)where the collecting authority has sufficient information to do so, any buildings in use on that land which will be part of the chargeable development upon completion.

(3) The collecting authority must serve the notice of chargeable development on each person known to the authority as an owner of the relevant land, together with the liability notice served under regulation 65(3).]

Textual Amendments

Liability noticeE+W

65.—(1) The collecting authority must issue a liability notice as soon as practicable after the day on which a planning permission first permits development.

(2) A liability notice must—

(a)be issued on a form published by the Secretary of State (or a form to substantially the same effect);

(b)include a description of the chargeable development;

(c)state the date on which it was issued;

(d)state the chargeable amount;

[F6(da)where the chargeable amount may be paid by way of instalments, include a copy of the charging authority’s current instalment policy (if any);]

(e)state the amount of any charitable relief or relief for exceptional circumstances granted in respect of the chargeable development;

(f)where social housing relief has been granted in respect of the chargeable development, state—

(i)the particulars of each person benefiting from the relief, and

(ii)for each of those persons, the amount of relief from which the person benefits; and

(g)contain the other information specified in the form.

(3) The collecting authority must serve the liability notice on—

(a)the relevant person;

(b)if a person has assumed liability to pay CIL in respect of the chargeable development, that person; and

(c)each person known to the authority as an owner of the relevant land.

[F7(4) The collecting authority must issue a revised liability notice in respect of a chargeable development if—

(a)the chargeable amount or any of the particulars mentioned in paragraph 2(e) or (f) change (whether on appeal or otherwise); or

(b)the charging authority issue a new instalment policy which changes the instalment arrangements which relate to the chargeable development.]

(5) A collecting authority may at any time issue a revised liability notice in respect of a chargeable development.

(6) A liability notice issued in accordance with paragraph (4) or (5) must be served in accordance with paragraph (3).

(7) A collecting authority may withdraw a liability notice issued by it by giving notice to that effect in writing to the persons on whom it was served.

(8) Where a collecting authority issues a liability notice any earlier liability notice issued by it in respect of the same chargeable development ceases to have effect.

(9) A liability notice issued in respect of a chargeable development ceases to have effect if liability to CIL would no longer arise in respect of that chargeable development.

(10) Subject to paragraph (11), a liability notice issued in respect of a chargeable development ceases to have effect once all outstanding amounts due in respect of that chargeable development have been paid to the collecting authority.

(11) A liability notice issued in respect of a chargeable development ceases to have effect at the end of the clawback period if—

(a)charitable or social housing relief has been granted in respect of that chargeable development; and

(b)no disqualifying event occurs before the end of the clawback period.

(12) In this regulation “relevant person” means—

(a)in the case of a general consent, the person who has submitted a notice of chargeable development;

(b)in the case of planning permission granted subject to a condition requiring that further approval is obtained before commencing development, the person who has applied for that approval;

(c)in all other cases, the person who applied for planning permission.

Textual Amendments

Commencement Information

I2Reg. 65 in force at 6.4.2010, see reg. 1

Local land chargesE+W

66.—(1) The chargeable amount payable in respect of a chargeable development is a local land charge.

(2) Subject to paragraph (3), the chargeable amount ceases to be a local land charge once all outstanding amounts of CIL due in respect of the chargeable development have been paid to the collecting authority.

(3) The chargeable amount ceases to be a local land charge at the end of the clawback period if—

(a)charitable or social housing relief is granted in respect of the chargeable development; and

(b)no disqualifying event occurs before the end of the clawback period.

(4) The chargeable amount ceases to be a local land charge if liability to CIL would no longer arise in respect of the chargeable development.

(5) For the purposes of the Local Land Charges Act 1975(1), the collecting authority is the originating authority as respects a local land charge created in accordance with this regulation.

Commencement Information

I3Reg. 66 in force at 6.4.2010, see reg. 1

Commencement noticeE+W

67.—(1) Where planning permission is granted for a chargeable development, a commencement notice must be submitted to the collecting authority no later than the day before the day on which the chargeable development is to be commenced.

[F8(1A) This regulation does not apply to a development—

(a)to which regulation 42 applies; or

(b)in relation to which the chargeable amount, calculated under regulation 40, is zero.]

(2) A commencement notice must—

(a)be submitted in writing on a form published by the Secretary of State (or a form to substantially the same effect);

(b)identify the liability notice issued in respect of the chargeable development;

(c)state the intended commencement date of the chargeable development; and

(d)include the other particulars specified or referred to in the form.

(3) A person submitting a commencement notice must serve a copy of it on each person known to that person as an owner of the relevant land.

(4) On receiving a valid commencement notice the collecting authority must send an acknowledgment of its receipt to the person who submitted it.

(5) Where charitable or social housing relief has been granted in respect of the chargeable development, the acknowledgement must state the date on which the clawback period ends (on the assumption that the chargeable development is commenced on the intended commencement date).

(6) Where a collecting authority receives a valid commencement notice any earlier commencement notice received by it in respect of the same chargeable development ceases to have effect.

(7) A person who has submitted a commencement notice may withdraw it at any time before the commencement of the chargeable development to which it relates by giving notice in writing to the collecting authority.

(8) A commencement notice is valid if it complies with the requirements of paragraph (2).

Textual Amendments

Commencement Information

I4Reg. 67 in force at 6.4.2010, see reg. 1

Deemed commencement of chargeable developmentE+W

68.  A collecting authority must determine the day on which a chargeable development was commenced (“the deemed commencement date”) if it—

(a)has not received a commencement notice in respect of the chargeable development but has reason to believe it has been commenced; or

(b)has received a commencement notice in respect of the chargeable development but has reason to believe that it was commenced earlier than the intended commencement date.

Commencement Information

I5Reg. 68 in force at 6.4.2010, see reg. 1

Demand noticeE+W

69.—(1) The collecting authority must serve a demand notice on each person liable to pay an amount of CIL in respect of a chargeable development.

(2) A demand notice must—

(a)be issued on a form published by the Secretary of State (or a form to substantially the same effect);

(b)state the date on which it was issued;

(c)identify the liability notice to which it relates;

(d)state the intended commencement date or, where the collecting authority has determined a deemed commencement date, the deemed commencement date;

(e)state the amount payable by the person on whom the notice is served (including any surcharges imposed in respect of or interest applied to the amount) and the day on which payment of the amount is due;

(f)where the amount payable is to [F9be] paid by way of instalments(2), state the amount of each instalment and the day on which payment of the instalment is due; and

(g)include the other information specified in the form.

(3) The collecting authority may at any time serve a revised demand notice on a person liable to pay an amount of CIL.

(4) The collecting authority must serve a revised demand notice on a person on whom it has served a demand notice if any of the particulars mentioned in paragraph (2)(d), (e) or (f) change (whether on appeal or otherwise).

(5) Where a collecting authority serves a demand notice on a person, any earlier demand notice served on that person in respect of the same chargeable development ceases to have effect.

Textual Amendments

Commencement Information

I6Reg. 69 in force at 6.4.2010, see reg. 1

[F10Suspension of demand noticeE+W

69A.—(1) A person (P) who has been served with a demand notice under regulation 69(1) may request the collecting authority to make a declaration that P is not required to pay the amount of CIL stated in the demand notice until works which are part of the chargeable development are commenced on the land in which P has a material interest.

(2) A request under paragraph (1) must be made in writing and include sufficient particulars to enable the collecting authority to decide whether it is satisfied as to the matters described in paragraph (3)(a) to (e).

(3) The collecting authority must make a declaration under paragraph (1) if it is satisfied that—

(a)P’s liability under the demand notice arises because that liability has been apportioned to P under regulation 33(2) or 36(4)(b);

(b)no works which are part of the chargeable development have been commenced on the land in which P has a material interest;

(c)P has not agreed that any works which are part of the chargeable development may be commenced on the land in which P has a material interest;

(d)P has not agreed, in a contract enforceable under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, to transfer all or any part of P’s material interest in the land to any other person; and

(e)in all the circumstances of the case it is reasonable that P is not required to pay the amount of CIL stated in the demand notice until works which are part of the chargeable development are commenced on the land in which P has a material interest.

(4) Where a declaration is made under paragraph (1)—

(a)P shall not be liable for any late interest payment under regulation 87 (late payment interest);

(b)no measures to recover CIL under Chapter 3 of Part 9 (recovery of CIL) may be taken against P; and

(c)no measures to recover CIL under Chapter 4 of Part 9 (other enforcement provisions) may be taken against P’s executor or administrator,

until a demand notice is issued under paragraph (6) or (7).

(5) Where—

(a)a declaration is made under paragraph (1); and

(b)works which are part of the chargeable development are subsequently commenced on the land in which P has a material interest,

P must notify the collecting authority in writing no later than the day before the day on which the works are commenced that the works are being commenced.

(6) Where a collecting authority —

(a)receives notice under paragraph (5), or

(b)has not received notice under paragraph (5), but is of the view that works which are part of the chargeable development have been commenced on the land,

it must serve a demand notice on P.

(7) Where a collecting authority is of the view that P has agreed, in a contract enforceable under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, to transfer all or any part of P’s material interest in the land to any other person, it must serve a demand notice on that person.

(8) Where a collecting authority serves a demand notice on P under paragraph (6)(b), the charging authority may impose a surcharge equal to 20 per cent of the chargeable amount payable by P or £2500, whichever is the lower amount.

(9) A demand notice served under paragraph (6) or (7) must comply with the requirements of regulation 69(2).]

Textual Amendments

[F11Instalment policiesE+W

69B.—(1) A charging authority which wishes to allow persons liable to pay CIL to do so by instalments must publish on its website an instalment policy containing only the information described in paragraph (2) (“the instalment policy”).

(2) The instalment policy must state—

(a)the date on which it takes effect, which must be no earlier than the day after the instalment policy is published on the website;

(b)the number of instalment payments;

(c)the amount or proportion of CIL payable in any instalment;

(d)the time (to be calculated from the date the development is commenced) that the first instalment payment is due, and the time that any subsequent instalment payments are due; and

(e)any minimum amount of CIL below which CIL may not be paid by instalment.

(3) The charging authority must—

(a)make the instalment policy available for inspection—

(i)at its principal office, and

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

(b)send a copy of the instalment policy to the collecting authority (if it is not the charging authority).

(4) Subject to paragraph (5), a charging authority may bring into effect a new instalment policy at any time; any new instalment policy must comply with paragraphs (1) to (3).

(5) A new instalment policy may not take effect earlier than the period of 28 days beginning with the date on which the previous instalment policy took effect.

(6) A charging authority which no longer wishes to have an instalment policy must—

(a)publish on its website a notice stating the date on which the instalment policy shall cease to have effect;

(b)make the notice available for inspection—

(i)at its principal office, and

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

(c)send a copy of the notice to the collecting authority (if it is not the charging authority).

(7) The date mentioned in paragraph (6)(a) must be no earlier than the period of 28 days beginning with the date on which the instalment policy came into effect.]

Textual Amendments

Payment periodsE+W

[F1170.—(1) This regulation applies where—

(a)a person has assumed liability to pay CIL in respect of a chargeable development (D);

(b)the collecting authority has received a commencement notice in respect of D; and

(c)the collecting authority has not determined a deemed commencement date for D.

(2) The amount of CIL payable (A) to all charging authorities in respect of D is payable in accordance with the following paragraphs.

(3) Where—

(a)A is charged by both the Mayor of London and a London borough council; and

(b)the London borough council has issued an instalment policy on or before the commencement date stated in the commencement notice received under paragraph (1)(b),

A is payable in accordance with that instalment policy.

(4) Where—

(a)A is charged by both the Mayor of London and a London borough council;

(b)the London borough council has not issued an instalment policy on or before the commencement date stated in the commencement notice received under paragraph (1)(b); and

(c)the Mayor of London has issued an instalment policy on or before the commencement date stated in the commencement notice received under paragraph (1)(b),

A is payable in accordance with the Mayor’s instalment policy.

(5) Where—

(a)A is charged by a London borough council but not by the Mayor of London; and

(b)the London borough council has issued an instalment policy on or before the commencement date stated in the commencement notice received under paragraph (1)(b),

A is payable in accordance with that instalment policy.

(6) Where—

(a)A is charged by a charging authority other than the Mayor of London or a London borough council; and

(b)the charging authority has issued an instalment policy on or before the commencement date stated in the commencement notice received under paragraph (1)(b),

A is payable in accordance with that instalment policy.

(7) In all other cases, A is payable in full at the end of the period of 60 days beginning with the intended commencement date of D.

(8) Where an amount payable in accordance with this regulation is not received in full on or before the day on which it is due—

(a)the unpaid balance of A becomes payable in full immediately; and

(b)the collecting authority must send a copy of any demand notice which it serves as a result of the non-payment to each person known to the authority as an owner of the relevant land.]

Textual Amendments

Payment in fullE+W

71.—(1) The amount of CIL payable in respect of a chargeable development (D) is due in full on the intended commencement date if—

(a)nobody has assumed liability to pay CIL in respect of D;

(b)the collecting authority has received a commencement notice in respect of D; and

(c)the collecting authority has not determined a deemed commencement date for D.

(2) Where the collecting authority determines a deemed commencement for a chargeable development, the amount of CIL payable in respect of that chargeable development is due in full on the deemed commencement date.

(3) Where the collecting authority transfers liability to pay an amount to the owners of the relevant land(3), payment of that amount is due in full immediately.

(4) Where a person is liable to pay an amount as a result of a disqualifying event, payment of that amount is due in full—

(a)at the end of the period of seven days beginning with the day on which a demand notice requiring payment of the amount is issued, if the collecting authority receives notification of the disqualifying event; or

(b)immediately, if the collecting authority does not receive notification of the disqualifying event.

Commencement Information

I7Reg. 71 in force at 6.4.2010, see reg. 1

Payment: generalE+W

72.—(1) This regulation applies to CIL which is paid in money.

(2) Payment must be made to the collecting authority.

(3) Payment is deemed to have been received by the collecting authority on the day on which it receives the cleared funds.

(4) On receiving a payment the collecting authority must send an acknowledgment of receipt to the person making the payment.

Commencement Information

I8Reg. 72 in force at 6.4.2010, see reg. 1

Payment in kindE+W

73.—(1) A charging authority may accept one or more land payments in satisfaction of the whole or part of the CIL due in respect of a chargeable development.

(2) A land payment is an acquisition of land from a person who would be liable to pay CIL in respect of a chargeable development on commencement of that chargeable development.

(3) Where CIL is paid by way of a land payment the amount of CIL paid is an amount equal to the value of the acquired land.

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

(5) A charging authority must aim to ensure that acquired land is used for a relevant purpose.

(6) A charging authority may not accept a land payment unless—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the acquired land is acquired by the charging authority or a person nominated by the charging authority (with that person’s agreement);

(c)the person from whom the land will be acquired has assumed liability to pay CIL in respect of the chargeable development; and

(d)an agreement to make the land payment is entered into before the chargeable development is commenced.

(7) The agreement mentioned in paragraph (6)(d)—

(a)must be in writing and state the value of the land to be acquired; and

(b)may not form part of a planning obligation entered into under section 106 of TCPA 1990.

(8) Where a person other than the charging authority is to acquire the land, the charging authority may not enter into the agreement mentioned in paragraph (6)(d) unless it is satisfied that the person acquiring the land intends to use it for a relevant purpose.

(9) If acquired land is used for a purpose other than a relevant purpose, the charging authority must deem an appropriate cash amount held by it to be CIL.

(10) The appropriate cash amount in respect of a given land payment must be calculated by applying the following formula—

where—

N

=

the area of the part of the acquired land not used for a relevant purpose;

A

=

the area of the acquired land; and

V

=

the value of the acquired land as stated in the agreement entered into in accordance with paragraph (6)(d).

(11) For the purposes of this regulation, the value of acquired land must be determined by an independent person and is the price that the land might reasonably be expected to obtain if sold on the open market on the day the valuation takes place.

(12) The price referred to in paragraph (11) shall not be assumed to be reduced on the ground that the whole of the acquired land is to be placed on the open market at the same time.

(13) For the purposes of this regulation, land is used for a relevant purpose if it is used to provide or facilitate (in any way) the provision of infrastructure to support the development of the charging authority’s area.

(14) In this regulation—

“acquired land” means land acquired by way of a land payment;

“independent person” means a person who—

(a)

is appointed by a person other than the charging authority with the agreement of—

(i)

the charging authority, and

(ii)

the person liable to pay CIL in respect of the chargeable development, and

(b)

has appropriate qualifications and experience; and

“land” includes existing buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land.

Textual Amendments

Commencement Information

I9Reg. 73 in force at 6.4.2010, see reg. 1

Payment in kind: further provisionE+W

74.—(1) This regulation applies where the CIL payable in respect of a chargeable development is payable (in whole or in part) by way of one or more land payments.

(2) References in regulations 36, 69 and 70 to an amount which is payable (however expressed) include references to a land payment which is payable.

(3) A land payment is deemed to have been received on the day on which the land which is the subject of the payment is acquired.

(4) For the purposes of regulation 70—

(a)an instalment may be paid by way of a land payment or in money, or a combination of the two; and

(b)more than one instalment may be paid by way of a given land payment.

(5) For the purposes of regulation [F1370(8)], the unpaid balance must be paid in money.

(6) Where the collecting authority has determined a deemed commencement date in respect of the chargeable development in accordance with regulation 68, the amount of CIL payable in respect of that chargeable development is due in full and must be paid in money.

(7) An agreement to make a land payment is void if, and to the extent that, it purports to bind a charging authority to accept a land payment other than in accordance with these Regulations.

Textual Amendments

Commencement Information

I10Reg. 74 in force at 6.4.2010, see reg. 1

OverpaymentE+W

75.—(1) Where a person (P) is liable to pay CIL and the amount paid by P proves to be greater than the amount for which P is liable, the collecting authority must, as soon as practicable, repay the overpayment.

(2) But the collecting authority is not required to repay an overpayment where—

(a)it is satisfied that the amount of the overpayment is less than any reasonable administrative costs which it would incur in making the repayment; or

(b)the overpayment is a result of a land payment.

(3) Where a person is entitled to a repayment, the collecting authority must pay that person an additional amount by way of interest on the repayment at a rate which is the higher of—

(a)0.5% per annum; and

(b)a percentage per annum equal to the Bank of England base rate less one percentage point.

Commencement Information

I11Reg. 75 in force at 6.4.2010, see reg. 1

Payments to charging authoritiesE+W

76.—(1) This regulation applies where a collecting authority collects CIL on behalf of a charging authority.

(2) The collecting authority must pay to a charging authority an amount (X) equal to the payments it receives (Y) in respect of CIL charged by that charging authority less that part of Y which (in accordance with regulation 61(4)) the collecting authority applies to administrative expenses incurred by it in connection with collecting Y.

(3) Subject to paragraph (4), X must be paid to the charging authority by the collecting authority by the end of the financial quarter in which Y is received.

(4) Where the collecting authority first collects CIL on behalf of the charging authority, X must be paid to the charging authority by the end of the first full financial quarter following the day on which the collecting authority first receives a payment of CIL charged by that charging authority.

(5) In this regulation “financial quarter” means a period of three months ending with the last day of March, June, September or December.

Commencement Information

I12Reg. 76 in force at 6.4.2010, see reg. 1

Duty to supply information to collecting authorityE+W

77.—(1) The relevant person (where that person is not the collecting authority) must supply the collecting authority with the following information within 14 days of the day on which planning permission first permits a chargeable development—

(a)sufficient information to identify the planning permission;

(b)the name and address of the person who applied for the planning permission;

(c)the name and address of each person known to the relevant person as an owner of the relevant land;

(d)the address of the site to which the planning permission relates;

(e)the date on which planning permission first permitted the chargeable development; and

(f)any information held by the relevant person which the relevant person considers the collecting authority requires in order to calculate the chargeable amount.

(2) In paragraph (1) “relevant person” means the person who granted planning permission.

(3) This regulation does not apply where planning permission is granted by way of a general consent.

Commencement Information

I13Reg. 77 in force at 6.4.2010, see reg. 1

Requests for information by collecting authorityE+W

78.—(1) A collecting authority may request, by notice given in writing, a relevant person to supply to it such relevant information as is specified in the notice.

(2) Information requested under paragraph (1) must be supplied by the person requested to supply it if it is in that person’s possession or control, and it must be so supplied within 21 days of the day on which the request is made.

(3) A relevant person may, so far as that person does not have the power to do so apart from under this regulation, supply relevant information to a collecting authority even if it is not requested to supply the information.

(4) Information is relevant information for the purposes of this regulation if it is information which the collecting authority requires for the purposes of carrying out its functions under these Regulations.

(5) In this regulation “relevant person” means—

(a)a charging authority;

(b)a local planning authority (within the meaning of TCPA 1990);

(c)the Secretary of State; or

(d)the Infrastructure Planning Commission.

Commencement Information

I14Reg. 78 in force at 6.4.2010, see reg. 1

Use of information by collecting authorityE+W

79.—(1) In carrying out its functions under these Regulations a collecting authority may use information obtained under any other enactment provided it does not fall within paragraph (2).

(2) Information falls within this paragraph if—

(a)it was obtained by a committee of the authority in its capacity as a police authority; or

(b)it was obtained by the authority in its capacity as an employer.

Commencement Information

I15Reg. 79 in force at 6.4.2010, see reg. 1

(2)

See regulation 70.

(3)

See regulation 36(2).