The Community Infrastructure Levy Regulations 2010

Social housing relief: qualifying amount E+W

50.—(1) The amount of social housing relief for which a chargeable development is eligible (“the qualifying amount”) must be calculated in accordance with this regulation.

(2) The qualifying amount is an amount equal to the aggregate of the qualifying amounts at each of the relevant rates.

(3) The relevant rates are the rates at which, but for social housing relief, CIL would be chargeable in respect of the part of the chargeable development which will comprise qualifying dwellings.

(4) The relevant rates must be taken from the charging schedules which are in effect—

(a) at the time planning permission first permits the chargeable development; and

(b) in the area in which the chargeable development is or will be situated.

(5) The qualifying amount at a given relevant rate (R) must be calculated by applying the following formula—

where—

N_R

=

the deemed net area chargeable at rate R;

I_P

=

the index figure for the year in which planning permission was granted; and

I_C

=

the index figure for the year in which the charging schedule containing rate R took effect.

[F1 (6) The value of N_R in paragraph (5) must be calculated by applying the following formula—

where—

Q_R

=

the gross internal area of the part of the chargeable development which will comprise the qualifying dwellings, and in respect of which, but for social housing relief, CIL would be chargeable at rate R;

K_QR

an amount equal to the gross internal area of all buildings (excluding any new build) on completion of the chargeable development which—

(a)

on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use;

(b)

will be part of the chargeable development upon completion; and

(c)

will be chargeable at rate R but for social housing relief;

E

an amount equal to the aggregate of the gross internal area of all buildings which—

(a)

on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use; and

(b)

are to be demolished before completion of the chargeable development; and

G

the gross internal area of the chargeable development.]

F2 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The index referred to in paragraph (5) has the same meaning as in regulation 40.

(9) A reference in this regulation to part of a chargeable development which will comprise qualifying dwellings includes a reference to part of a chargeable development which comprises qualifying dwellings.

(10) For the purposes of this regulation, a building is 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 planning permission first permits the chargeable development.

[F3 (11) Where—

(a) social housing relief has been granted in relation to a development;

(b) planning permission is granted under section 73 of TCPA 1990 in respect of that development; and

(c) the amount of social housing relief calculated in accordance with this regulation that the development is eligible for has not changed as a result of the planning permission referred to in sub-paragraph (b),

anything done in relation to an application for social housing relief made under regulation 51 (social housing relief: procedure) in relation to the development referred to in sub-paragraph (a) is to be treated as if it was done in relation to the development that the planning permission referred to in sub-paragraph (b) relates.

(12) In this regulation “building” and “new build” have the same meaning as in regulation 40.]

Textual Amendments

F1 Reg. 50(6) substituted (29.11.2012) by The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 6(a) (with reg. 10(3)-(5))

F2 Reg. 50(7) omitted (29.11.2012) by virtue of The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 6(b) (with reg. 10(3)-(5))

F3 Reg. 50(11)(12) substituted for reg. 50(11) (29.11.2012) by The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 6(c) (with reg. 10(3)-(5))

Commencement Information

I1 Reg. 50 in force at 6.4.2010, see reg. 1