Planning Act 2008

206 The charge E+W

(1) A charging authority may charge CIL in respect of development of land in its area.

(2) A local planning authority is the charging authority for its area.

(3) But—

(a) the Mayor of London is a charging authority for Greater London (in addition to the local planning authorities),

(b) the Broads Authority is the only charging authority for the Broads (within the meaning given by section 2(3) of the Norfolk and Suffolk Broads Act 1988 (c. 4)), and

(c) the Council of the Isles of Scilly is the only charging authority for the Isles of Scilly.

(4) CIL regulations may provide for any of the following to be the charging authority for an area, or in the case of Greater London one of the charging authorities, in place of the charging authority under subsection (2), (3)(b) or (c)—

(a) a county council,

(b) a county borough council,

(c) a district council,

(d) a metropolitan district council, and

(e) a London borough council (within the meaning of TCPA 1990).

(5) In this section, “local planning authority” has the meaning given by—

(a) section 37 of PCPA 2004 in relation to England, [F1 except that a Mayoral development corporation is a local planning authority for the purposes of this section only if it is the local planning authority for all purposes of Part 2 of PCPA 2004 in respect of the whole of its area and all kinds of development, ]and

(b) section 78 of PCPA 2004 in relation to Wales.

[F2 (6) CIL regulations may make transitional provision in connection with, or in anticipation of, a Mayoral development corporation—

(a) becoming a charging authority as a result of the operation of subsection (2), or

(b) ceasing to be a charging authority as a result of the operation of that subsection.]

Textual Amendments

F1 Words in s. 206(5)(a) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 61(2)

F2 S. 206(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 61(3)

Commencement Information

I1 S. 206 in force at 6.4.2009 for specified purposes by S.I. 2009/400, art. 3(k)

I2 S. 206 in force at 6.4.2010 for E.W. in so far as not already in force by S.I. 2010/566, art. 3(c)