Planning Act 2008

212 Charging schedule: examination E+W

(1) Before approving a charging schedule a charging authority must appoint a person (“the examiner”) to examine a draft.

(2) The charging authority must appoint someone who, in the opinion of the authority—

(a) is independent of the charging authority, and

(b) has appropriate qualifications and experience.

(3) The charging authority may, with the agreement of the examiner, appoint persons to assist the examiner.

[F1 (4) In this section and sections 212A and 213 “ the drafting requirements ” means the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 211(2) and (4)), so far as relevant to the drafting of the schedule.

(7) The examiner must consider whether the drafting requirements have been complied with and—

(a) make recommendations in accordance with section 212A, and

(b) give reasons for the recommendations.]

(8) The charging authority must publish the recommendations and reasons.

(9) CIL regulations must require a charging authority to allow anyone who makes representations about a draft charging schedule to be heard by the examiner; and the regulations may make provision about timing and procedure.

(10) CIL regulations may make provision for examiners to reconsider their decisions with a view to correcting errors (before or after the approval of a charging schedule).

(11) The charging authority may withdraw a draft.

[F2 (12) For exceptions to this section see section 211(11).]

Textual Amendments

F1 S. 212(4)(7) substituted for s. 212(4)-(7) (16.11.2011) by Localism Act 2011 (c. 20), ss. 114(3), 240(6) (with ss. 114(8), 144)

F2 S. 212(12) inserted (31.1.2024 for specified purposes) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 107(4), 255(3)(b) (with s. 247); S.I. 2024/92, reg. 2(e)