The Community Infrastructure Levy Regulations 2010

Transitional provision: general E+W

128.— [F1 (1) Subject to paragraph (2), liability to CIL does not arise in respect of development if, on the day planning permission is granted for that development, it is situated in an area in which no charging schedule is in effect.

(2) Where planning permission is granted for development by way of a relevant general consent, liability to CIL does not arise in respect of that development if—

(a) it is commenced before 6th April 2013; or

(b) on the day on which it is commenced it is situated in an area in which no charging schedule is in effect.]

[F1 (1) Subject to paragraph (2), liability to CIL charged by a charging authority does not arise in respect of development if, on the day planning permission is granted for that development, the authority has no charging schedule in effect.

(2) Where the planning permission referred to in paragraph (1) is granted for development by way of a relevant general consent, liability to CIL charged by a charging authority does not arise in respect of that development if—

(a) it is commenced before 6th April 2013; or

(b) on the day on which it is commenced, the charging authority for the area in which the development is situated has no charging schedule in effect.]

(3) In paragraph (2) “relevant general consent” means—

(a) a development order made under section 59 of TCPA 1990;

(b) a local development order adopted under section 61A of TCPA 1990; or

(c) an enterprise zone scheme adopted under Schedule 32 to the Local Government, Planning and Land Act 1980.

Textual Amendments

F1 Reg. 128(1)(2) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 5(10) (with regs. 1(3), 13)

Commencement Information

I1 Reg. 128 in force at 6.4.2010, see reg. 1