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.

(4) The draft submitted to the examiner must be accompanied by a declaration (approved under subsection (5) or (6))—

(a) that the charging authority has complied with the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 211(2) and (4)),

(b) that the charging authority has used appropriate available evidence to inform the draft charging schedule, and

(c) dealing with any other matter prescribed by CIL regulations.

(5) A charging authority (other than the Mayor of London) must approve the declaration—

(a) at a meeting of the authority, and

(b) by a majority of votes of members present.

(6) The Mayor of London must approve the declaration personally.

(7) The examiner must consider the matters listed in subsection (4) and—

(a) recommend that the draft charging schedule be approved, rejected or approved with specified modifications, 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.