Planning Act 2008 (c. 29)

Part 11 E+W Community Infrastructure Levy

Modifications etc. (not altering text)

C1 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))

C2 Pt. 11 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 33, 64(1)

C3 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)

[F1 216B Use of CIL in an area to which section 216A(1) duty does not relate E+W

(1) Subsection (2) applies where—

(a) there is an area to which a particular duty under section 216A(1) relates, and

(b) there is also an area to which that duty does not relate (“the uncovered area”).

(2) CIL regulations may provide that the charging authority that charges CIL received in respect of development of land in the uncovered area may apply the CIL, or cause it to be applied, to—

(a) support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or

(b) support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area.

(3) Provision under subsection (2) may relate to the whole, or part only, of the uncovered area.

(4) Provision under subsection (2) may relate—

(a) to all CIL (if any) received in respect of the area to which the provision relates, or

(b) such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.]

Textual Amendments

F1 S. 216A - S. 216B inserted (15.1.2012) by Localism Act 2011 (c. 20), ss. 115(6), 240(2) (with s. 144); S.I. 2012/57, art. 4(1)(g) (with arts. 6 7 9-11)