The Community Infrastructure Levy Regulations 2010 No. 948

[F1 SCHEDULE 1 E+W Calculation of chargeable amount etc

Textual Amendments

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

PART 5 E+W Pre-CIL permissions ‘amended’ when CIL in effect: appeal

Pre-CIL permissions ‘amended’ when CIL in effect: appeal in relation to notional relief E+W

9.— (1) An interested person who is aggrieved at the decision of a collecting authority to grant a notional relief under paragraph 7(5), may appeal to the appointed person on the ground that the collecting authority has incorrectly determined the value of the notional relief allowed.

(2) An appeal under this paragraph must be made before the end of the period of 60 days beginning with the day on which the liability notice stating the chargeable amount calculated under paragraph 7 (and the amount of notional relief) was issued.

(3) Where an appeal under this paragraph is allowed the appointed person may amend the amount of any notional relief granted to the appellant.

(4) Regulations 120 (appeal procedure) and 121 (costs) shall apply to an appeal under this paragraph as if—

(a) any reference to an interested party were a reference to—

(i) the charging authority, or

(ii) the collecting authority (if it is not the charging authority); and

(b) any reference to the representations period were a reference to 14 days beginning with the date the acknowledgement of receipt is sent under regulation 120(3), or such longer period as the appointed person may in any particular case determine.

(5) In this paragraph—

“appointed person” means—

(a)

a valuation officer appointed under section 61 of the Local Government Finance Act 1988, or

(b)

a district valuer within the meaning of section 622 of the Housing Act 1985; and

“interested person” means the person who was granted the notional relief.]