C1C2C3Part 11Community Infrastructure Levy
Pt. 11 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 33, 64(1)
Pt. 11 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(f)
I1I2206The charge
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, F2except 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.
F16
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.
Pt. 11 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 44(1) (with art. 44(2))