The Community Infrastructure Levy Regulations 2010

Changes over time for: Section 123

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Further limitations on use of planning obligationsE+W

This section has no associated Explanatory Memorandum

[F1123.—(1) This regulation applies where a relevant determination is made which results in planning permission being granted for development.

(2) A planning obligation may not constitute a reason for granting planning permission for the development to the extent that the obligation provides for the funding or provision of relevant infrastructure [F2(including, subject to paragraph (2B), through requiring a highway agreement to be entered into)].

[F3(2A) Subject to paragraph (2B) a condition falling within either of the following descriptions may not be imposed on the grant of planning permission—

(a)a condition that requires a highway agreement for the funding or provision of relevant infrastructure to be entered into;

(b)a condition that prevents or restricts the carrying out of development until a highway agreement for the funding or provision of relevant infrastructure has been entered into.

(2B) Paragraphs (2) and (2A) do not apply in relation to highway agreements to be entered into with—

(a)the Minister, for the purposes of section 1(1) of the 1980 Act; F4...

(b)Transport for London [F5; or

(c)a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015].]

(3) [F6Other than through requiring a highway agreement to be entered into, a planning obligation] (“obligation A”) may not constitute a reason for granting planning permission to the extent that—

(a)obligation A provides for the funding or provision of an infrastructure project or [F7provides for the funding or provision of a] type of infrastructure; and

(b)five or more separate planning obligations that—

(i)relate to planning permissions granted for development within the area of the charging authority; and

(ii)which provide for the funding or provision of that project [F8or provide for the funding or provision of that] type of infrastructure,

have been entered into [F9on or after 6th April 2010].

(4) In this regulation—

[F10“the 1980 Act” means the Highways Act 1980;]

“charging authority” means the charging authority for the area in which the development will be situated;

[F11“condition”, in relation to a planning permission, has the same meaning as in section 70(1)(a) of TCPA 1990;]

“funding” in relation to the funding of infrastructure, means the provision of that infrastructure by way of funding;

“determination” means a determination—

(a)

under section 70, [F1273,] 76A or 77 of TCPA 1990 of an application for planning permission F13..., or

(b)

under section 79 of TCPA 1990 of an appeal F14...;

[F15“highway agreement” means an agreement under section 278 of the 1980 Act;]

“planning obligation” means a planning obligation under section 106 of TCPA 1990 and includes a proposed planning obligation but does not include a planning obligation that relates to or is connected with the funding or provision of scheduled works within the meaning of Schedule 1 to the Crossrail Act 2008;

“relevant determination” means—

(a)

in relation to paragraph (2), a determination made on or after the date when the charging authority’s first charging schedule takes effect, and

(b)

in relation to paragraph (3), a determination made on or after [F166th April 2015] or the date when the charging authority’s first charging schedule takes effect, whichever is earlier; and

“relevant infrastructure” means—

(a)

[F17where a charging authority has published on its website a list of infrastructure projects or types of infrastructure that it intends will be, or may be, wholly or partly funded by CIL (other than CIL to which regulation 59E or 59F applies), those infrastructure projects or those types of infrastructure;

(b)

except where paragraph (c) applies, where no such list has been published, any infrastructure; or

(c)

in relation to any planning obligation requiring a highway agreement to be entered into or condition falling within paragraph (2A), where no such list has been published, no infrastructure.]]

Textual Amendments

F1Reg. 123 omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 11 (with reg. 13)

F2Words in reg. 123(2) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 12(a)

F3Reg. 123(2A)(2B) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 12(b)

F4Word in reg. 123(2B)(a) omitted (1.4.2015) by virtue of The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 46(2)

F5Reg. 123(2B)(c) and word inserted (1.4.2015) by The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015 (S.I. 2015/377), reg. 1(2), Sch. para. 46(3)

F6Words in reg. 123(3) substituted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 12(c)(i) (with reg. 14(5)(6)(7))

F7Words in reg. 123(3)(a) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 12(c)(ii) (with reg. 14(5)(6)(7))

F8Words in reg. 123(3)(b)(ii) substituted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 12(c)(iii) (with reg. 14(5)(6)(7))

F9Words in reg. 123(3) substituted (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 12(2)

F10Words in reg. 123(4) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 12(d)(i)

F11Words in reg. 123(4) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 12(d)(ii)