C1C2C3Part 11Community Infrastructure Levy

Annotations:
Modifications etc. (not altering text)

223Relationship with other powers

1

CIL regulations may include provision about how the following powers are to be used, or are not to be used—

a

section 106 of TCPA 1990 (planning obligations), and

b

section 278 of the Highways Act 1980 (c. 66) (execution of works).

2

CIL regulations may include provision about the exercise of any other power relating to planning or development.

3

The Secretary of State may give guidance to a charging or other authority about how a power relating to planning or development is to be exercised; and authorities must have regard to the guidance.

4

Provision may be made under subsection (1) or (2), and guidance may be given under subsection (3), only if the Secretary of State thinks it necessary or expedient for—

a

complementing the main purpose of CIL regulations,

b

enhancing the effectiveness, or increasing the use, of CIL regulations,

c

preventing agreements, undertakings or other transactions from being used to undermine or circumvent CIL regulations,

d

preventing agreements, undertakings or other transactions from being used to achieve a purpose that the Secretary of State thinks would better be achieved through the application of CIL regulations, or

e

preventing or restricting the imposition of burdens, the making of agreements or the giving of undertakings, in addition to CIL.

5

CIL regulations may provide that a power to give guidance or directions may not be exercised—

a

in relation to matters specified in the regulations,

b

in cases or circumstances specified in the regulations,

c

for a purpose specified in the regulations, or

d

to an extent specified in the regulations.