The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019

Section 73 permissions: carry over of relief and instalments

7.—(1) After regulation 58, within Part 6 of the Regulations, insert—

“Carry over of relief in relation to certain section 73 permissions

58ZA.— (1) Where—

(a) any relevant relief has been granted in relation to a development (D);

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

(c) the amount of the relevant relief calculated in accordance with this Part of the Regulations that the development is eligible for has not changed as a result of B,

anything done in relation to an application for the relevant relief made in relation to D is to be treated as if it was done in relation to the development that B relates to.

(2) In this regulation “relevant relief” means—

(a) an exemption for residential annexes or extensions;

(b) an exemption for self-build housing;

(c) charitable relief;

(d) social housing relief.”.

(2) In regulation 70(1) after paragraph (8) insert—

“(9) Where—

(a) the amount of CIL in respect of a chargeable development which is granted planning permission is payable in accordance with an instalment policy; and

(b) a new planning permission (B) is later granted in relation to the development under section 73 of TCPA 1990,

then the amount of CIL in respect of the development granted by B is payable in accordance with that instalment policy.”.

(1)

Regulation 70 was substituted by S.I. 2011/987 and amended by S.I.s 2012/2975 and 2013/982.