http://www.legislation.gov.uk/id/uksi/2010/948

PART 1INTRODUCTORY

Citation and commencementI11

These Regulations may be cited as the Community Infrastructure Levy Regulations 2010 and shall come into force on 6th April 2010.

InterpretationI22

1

In these Regulations—

“PA 2008” means the Planning Act 2008;
“PCPA 2004” means the Planning and Compulsory Purchase Act 20042;
“TCPA 1990” means the Town and Country Planning Act 19903;
“Bank of England base rate” means—
1. a
  the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or
2. b
  where an order under section 19 of the Bank of England Act 19984 (reserve powers) is in force, any equivalent rate determined by the Treasury under that section;
“chargeable amount” has the meaning given in regulation 40;
“chargeable development” has the meaning given in regulation 9;
“charging schedule” means a document issued in accordance with section 211(1) of PA 2008;
“charitable relief” means an exemption under regulation 43 or discretionary charitable relief;
“CIL” means Community Infrastructure Levy;
“CIL stop notice” means a notice served under regulation 90;
F105“clawback period” means—
1. a
  in relation to the exemption for residential annexes, the period of three years beginning with the date of the compliance certificate relating to the residential annex,
2. b
  in relation to the exemption for self-build housing, the period of three years beginning with the date of the compliance certificate relating to the relevant dwelling, and
3. c
  for all other purposes, the period of seven years beginning with the day on which a chargeable development is commenced;
“collecting authority” has the meaning given in regulation 10;
“commencement notice” means a notice submitted under regulation 67;
F106“compliance certificate” means a certificate given under either—
1. a
  regulation 17 (completion certificates) of the Building Regulations 2010; or
2. b
  section 51 (final certificates) of the Building Act 1984
“deemed commencement date” has the meaning given in regulation 68;
“default of liability notice” means a notice issued under regulation 36;
“demand notice” means a notice issued under regulation 69F5or 69A;
“discretionary charitable relief” means relief under regulation 44 or 45;
“disqualifying event” has the meaning given in regulations F10742C,48, 53F108, 54D, and 57;
F109“draft infrastructure list” has the meaning given in regulation 11;
“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling F68(other than for the purposes of Part 7);
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 20005;
F110“exemption for residential annexes” has the meaning given in regulation 42A(4)(a);
“exemption for residential extensions” has the meaning given in regulation 42A(4)(b);
“exemption for self-build housing” means an exemption under regulation 54A;
“financial year” means any period of twelve months ending with 31st March;
“general consent” has the meaning given in regulation 5(3);
“infrastructure” has the meaning given in section 216(2) of PA 2008 as amended by regulation 63;
F111“infrastructure list” means a list published by a charging authority for the purposes of paragraph (a) of the definition of “relevant infrastructure” in regulation 123(4);
“infrastructure payment” has the meaning given in regulation 73A;
“information notice” means a notice served under regulation 35 or 54;
“intended commencement date” means the intended commencement date of a chargeable development as specified in a commencement notice submitted under regulation 67;
F6“instalment policy” means a document issued under regulation 69B(1) or (4).
“land payment” has the meaning given in regulation 73;
“liability notice” means a notice issued under regulation 65;
“liability transfer notice” means a notice submitted under regulation 32;
“material interest” has the meaning given in regulation 4(2);
“Mayor” means the Mayor of London;
F69“MDC” means a Mayoral development corporation which is a local planning authority for the purposes of section 206(5)(a) of PA 2008.
“notice of chargeable development” means a notice submitted under regulation 64;
“outline planning permission” has the same meaning as in section 92(1) of TCPA 1990;
“owner” must be construed in accordance with section 209(7)(a) of PA 2008 and regulation 4;
F112“phased planning permission” means a planning permission which expressly provides for development to be carried out in phases;
“planning permission” has the meaning given for the purposes of Part 11 of PA 2008 in regulation 5, and “grant” of planning permission must be construed accordingly;
“planning permission granted for a limited period” has the same meaning as in TCPA 1990;
“qualifying amount” means an amount calculated in accordance with regulation 50;
F113“qualifying communal development” must be construed in accordance with regulation 49C;
“qualifying dwelling” must be construed in accordance with regulations 49F114, 49A and 53(3) ;
F7“relevant land” means—
1. a
  where planning permission is granted for development by way of a general consent, the land identified in the plan submitted to the collecting authority in accordance with regulation 64(4)(a),
2. b
  where planning permission is granted for development by way of a general consent, and no notice of chargeable development is submitted under regulation 64(2), the land identified in the plan prepared by the collecting authority and served in accordance with regulation 64A(3),
3. c
  where F115... planning permission is granted which F116expressly permits development to be implemented in phases, the land to which the phase relates, and
4. d
  in all other cases, the land to which the planning permission relates.
“relief” means F117an exemption for residential annexes or extensions, an exemption for self-build housing, charitable relief, social housing relief or relief for exceptional circumstances;
“relief for exceptional circumstances” means relief under regulation 55;
“reserved matters” has the same meaning as in section 92(1) of TCPA 1990;
“retail prices index” means—
1. a
  the general index of retail prices (for all items) published by the Statistics Board6, or
2. b
  if that index is not published for a relevant month, any substituted index or index figures published by that Board;
F118“self-build housing” and “self-build communal development” must be construed in accordance with regulation 54A;
“social housing relief” means relief under regulation 49F119or 49A;
“surcharge” means a surcharge imposed under Chapter 1 of Part 9;
“the Crown” includes—
1. a
  the Duchy of Lancaster,
2. b
  the Duchy of Cornwall,
3. c
  the Speaker of the House of Lords,
4. d
  the Speaker of the House of Commons,
5. e
  the Corporate Officer of the House of Lords, and
6. f
  the Corporate Officer of the House of Commons; and
“warning notice” means a notice served under regulation 89.

Meaning of “planning permission”I55

1

For the purposes of Part 11 of PA 2008, “planning permission” means—

a

planning permission granted by a local planning authority under section 70, 73 or 73A of TCPA 19907;

b

planning permission granted by the Secretary of State under the provisions mentioned in sub-paragraph (a) as applied by sections 76A(10), 77(4) and 79(4) of TCPA 19908 (including permission so granted by a person appointed by the Secretary of State in accordance with regulations made under Schedule 6 to TCPA 1990);

c

planning permission granted or modified under section 177(1) of TCPA 19909 (grant or modification of planning permission on appeals against enforcement notices);

d

modification of a planning permission under section 97 or 100 of TCPA 199010;

e

planning permission granted by an order made under section 102 or 104 of TCPA 199011 (orders requiring discontinuance of use or alteration or removal of buildings or works);

f

development consent granted by an order made under section 114(1)(a) of PA 2008; or

g

a general consent.

2

But planning permission does not include planning permission granted for a limited period.

3

In paragraph (1)(g) “general consent” means—

a

planning permission granted—

i

by a development order made under section 59 of TCPA 1990,

ii

by a local development order adopted under section 61A of TCPA 199012,

F48iia

by a neighbourhood development order made under section 61E F70or 61Q (community right to build orders) of TCPA 1990,

iii

by a simplified planning zone scheme within the meaning of sections 82 and 8313 of TCPA 1990,

iv

in accordance with section 90 of TCPA 199014 (development with government authorisation), or

v

by an enterprise zone scheme adopted under Schedule 32 to the Local Government, Planning and Land Act 198015; or

b

development authorised by an Act of Parliament or an order approved by both Houses of Parliament which designates specifically the nature of the development authorised and the land on which it may be carried out.

Meaning of “development”I66

F81

The following works are not to be treated as development for the purposes of section 208 of PA 2008 (liability)—

a

anything done by way of, or for the purpose of, the creation of a building of a kind mentioned in paragraph (2);

b

the carrying out of any work to, or in respect of, an existing building if, after the carrying out of that work, it is still a building of a kind mentioned in paragraph (2);

c

the carrying out of any work to, or in respect of, an existing building for which planning permission is required only because of provision made under section 55(2A) of TCPA 1990; and

d

the change of use of any building previously used as a single dwellinghouse to use as two or more separate dwellinghouses.

2

The kinds of buildings mentioned in paragraph (1)(a) and (b) are—

a

a building into which people do not normally go;

b

a building into which people go only intermittently for the purpose of inspecting or maintaining fixed plant or machinery.

Commencement of developmentI77

1

This regulation has effect for determining when development is to be treated as commencing for the purposes of Part 11 of PA 2008.

2

Development is to be treated as commencing on the earliest date on which any material operation begins to be carried out on the relevant land.

3

Paragraph (2) is subject to the following provisions of this regulation.

4

Development is to be treated as commencing on the day planning permission is granted for that development if planning permission had previously been granted for that development for a limited period.

5

Development for which planning permission is—

a

granted under section 73A of TCPA (planning permission for development already carried out); or

b

granted or modified under section 177(1) of TCPA 1990 (grant or modification of planning permission on appeals against enforcement notices),

is to be treated as commencing on the day planning permission for that development is granted or modified (as the case may be).

6

In this regulation “material operation” has the same meaning as in section 56(4) of TCPA 199016 (time when development begun).

Time at which planning permission first permits developmentI88

1

This regulation has effect for determining the time at which planning permission is treated as first permitting development for the purposes of Part 11 of PA 2008.

2

Planning permission first permits development on the day that planning permission is granted for that development.

3

Paragraph (2) is subject to the following provisions of this regulation.

F1213A

In the case of a phased planning permission, planning permission first permits a phase of the development—

a

for any phase of an outline planning permission which is granted in outline—

i

on the day of final approval of the last reserved matter associated with that phase; or

ii

if earlier, and if agreed in writing by the collecting authority before commencement of any development under that permission, on the day final approval is given under any pre-commencement condition associated with that phase; and

b

for any other phase—

i

on the day final approval is given under any pre-commencement condition associated with that phase; or

ii

where there are no pre-commencement conditions associated with that phase, on the day planning permission is granted.

3B

In this regulation a “pre-commencement condition” is a condition imposed on a phased planning permission which requires further approval to be obtained before a phase can commence.

4

In the case of a grant of outline planning permission F122which is not a phased planning permission, planning permission first permits development on the day of the final approval of the last reserved matter associated with the permission.

F1235

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1236

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F97

In the case of a general consent, planning permission first permits development—

a

on the day on which the collecting authority receives a notice of chargeable development submitted to it in accordance with regulation 64 in respect of that development; or

b

if no notice of chargeable development is submitted in accordance with regulation 64, the day on which the last person is served with a notice of chargeable development in accordance with regulation 64A(3).

Meaning of “chargeable development”I99

1

The chargeable development is the development for which planning permission is granted.

2

Paragraph (1) is subject to the following provisions of this regulation.

3

Where planning permission is granted by way of a general consent, the chargeable development is the development identified in a notice of chargeable development submitted to the collecting authority in accordance with regulation 64F10, or prepared by the collecting authority in accordance with regulation 64A.

4

In the case of a grant of F100phased planning permission, each phase of the development is a separate chargeable development.

F495

In Wales, where the effect of a planning permission granted under section 73 of TCPA 1990 is only to change a condition subject to which a previous planning permission was granted by extending the time within which development must be commenced, the chargeable development is the development for which permission was granted by the previous permission as if that development was commenced.

6

Where the effect of a planning permission granted under section 73 of TCPA 1990 is to change a condition subject to which a previous planning permission was granted so that the amount of CIL payable calculated under regulation 40 (as modified by paragraph (8)) would not change, the chargeable development is the development for which planning permission was granted by the previous permission as if that development was commenced.

7

Where the effect of the planning permission granted under section 73 of TCPA 1990 is to change a condition subject to which a previous planning permission was granted so that the amount of CIL payable under regulation 40 (as modified by paragraph (8)) would change, the chargeable development is the most recently commenced or re-commenced chargeable development.

8

For the purposes of paragraphs (6) and (7), the liability to CIL under regulation 40 should be calculated in relation to an application made under section 73 of TCPA 1990 as if the date on which the planning permission granted under that application first permits development was the same as that for the application for planning permission to which the application under section 73 of TCPA 1990 relates.

9

For the purposes of paragraph (7), chargeable development is re-commenced where—

a

the chargeable development (“the earlier development”) was commenced;

b

work on the earlier development was halted and a different chargeable development (“the later development”) that was granted planning permission under section 73 of TCPA 1990 was commenced on the relevant land; and

c

the later development was subsequently halted and the earlier development is continued.

Meaning of “collecting authority”I1010

1

A charging authority is the collecting authority for CIL charged in its area.

2

Paragraph (1) is subject to the following provisions of this regulation.

F713

In relation to CIL charged by the Mayor—

a

where the development subject to the levy, or any part of it, is situated in the area of a MDC, the MDC must collect that CIL and accordingly is the collecting authority for that CIL;

b

where the development subject to the levy is in the area of more than one MDC, the MDC with the greatest proportion of the gross internal area of the development in its area must collect the that CIL and accordingly is the collecting authority for that CIL;

c

in all other cases, the London borough council in whose area the development subject to the levy is situated must collect that CIL and accordingly is the collecting authority for that CIL.

4

In England a county council for an area for which there is more than one district council is the collecting authority for CIL charged in its area in respect of development for which it grants planning permission.

5

A relevant consenting authority (P) may agree with a charging authority (C) that P shall be the collecting authority for CIL charged by C in respect of development for which P grants planning permission.

6

In paragraph (5) “relevant consenting authority” means—

a

the Homes and Communities Agency17;

b

an urban development corporation established by order of the Secretary of State under section 135(1) of the Local Government, Planning and Land Act 1980; F72...

c

an enterprise zone authority designated under Schedule 32 to the F73Local Government, Planning and Land Act 1980; or

F74d

a Mayoral development corporation that is not a local planning authority for the purposes of section 206(5)(a) of PA 2008.

PART 3CHARGING SCHEDULES

Interpretation and application of Part 3I1111

1

In this Part—

“consultation bodies” has the meaning given in regulation 15;
“differential rate” has the meaning given in regulation 13;
F101“draft infrastructure list” means a draft of the list that the charging authority intends to publish as their infrastructure list;
“independent person” means—
1. a
  an examiner appointed under section 212(1) of PA 2008, or
2. b
  a person appointed under section 212(3) of PA 2008 to assist an examiner;
“relevant consenting authorities” means—
1. a
  the Secretary of State,
2. b
  F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3. c
  the Mayor, if the charging schedule has been approved by a London borough council,
4. d
  each London borough council, if the charging schedule has been approved by the Mayor,
5. e
  each county council whose area includes any part of the area to which the charging schedule applies, and
6. f
  any other body exercising the functions of a local planning authority (within the meaning of TCPA 1990) in the area to which the charging schedule applies;
“relevant evidence” means evidence which is readily available and which, in the opinion of the charging authority, has informed its preparation of the draft charging schedule;
“statement of modifications” means a document which—
1. a
  sets out the modifications which the charging authority has made to the draft charging schedule since it was published in accordance with regulation 16, and
2. b
  includes a statement specifying that a request to be heard by the examiner on those modifications may be made to the charging authority within the period of four weeks beginning with the day on which the draft charging schedule is submitted to the examiner; and
“zone” means a part of a charging authority’s area.

2

The provisions of this Part apply to a revision of a charging schedule as they apply to the preparation of a charging schedule.

F63Exercise of Part 3 functions in anticipation that an MDC will be established11A

Where—

a

the Mayor has complied with the requirements of section 197(3)(a) to (e) of the Localism Act 2011 in relation to any proposed Mayoral development corporation;

b

the time period described in section 197(3)(f) of that Act has expired without the London Assembly having rejected the proposal; and

c

the Mayor intends that the proposed Mayoral development corporation will become the charging authority for its area under section 206(2) and (5)(a) of PA 2008,

the Mayor may, until that proposed Mayoral development corporation becomes the charging authority for its area, carry out the functions of a charging authority under regulations 12 (format and content of charging schedules) to 23 (publication of the examiner’s recommendations) on behalf of the proposed Mayoral development corporation.

Format and content of charging schedulesI1212

1

Subject to the provisions of this Part a charging authority may determine the format and content of a charging schedule.

2

A draft charging schedule submitted for examination in accordance with section 212 of PA 2008 must contain—

a

the name of the charging authority;

b

the rates (set at pounds per square metre) at which CIL is to be chargeable in the authority’s area;

c

where a charging authority sets differential rates in accordance with regulation 13(1)(a), a map which—

i

identifies the location and boundaries of the zones,

ii

is reproduced from, or based on, an Ordnance Survey map,

iii

shows National Grid lines and reference numbers, and

iv

F1255

For the purposes of section 211(7A) of PA 2008, a charging authority’s draft infrastructure list is appropriate evidence to inform the preparation of their charging schedule.

The charging authority must make such arrangements as it considers appropriate for inviting representations under paragraph (5).

7

The charging authority must take into account any representations made to it under this regulation before it publishes a draft of the charging schedule for examination in accordance with section 212 of PA 2008.

F518

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1

Any person may make representations about a draft charging schedule which a charging authority proposes to submit to the examiner.

2

Any such representations must be—

a

made within the period which the charging authority specifies for the purposes of this paragraph; and

b

sent to the address, and if the charging authority think it appropriate to specify a person, the person, which the charging authority specifies for the purposes of this paragraph.

3

The period which the charging authority specifies for the purposes of paragraph (2) must be a period of not less than four weeks starting on the day on which notice given pursuant to regulation 16(1)(d) is first published.

4

A person who has made representations about a draft charging schedule may withdraw those representations at any time by giving notice in writing to the charging authority.

Withdrawal of a draft charging scheduleI1818

Where a charging authority withdraws a draft charging schedule under section 212(11) of PA 2008 it must, as soon as practicable after it is withdrawn—

a

publish a statement of that fact on its website;

b

give notice of that fact by local advertisement;

c

notify any person that was invited to make representations on the draft charging schedule of that fact; and

d

remove from its website and from the places at which they were made available any copies, documents, evidence and statements made available or published under regulation 16(1)(a) or (b).

send a copy of the statement of modifications to each of the consultation bodies invited to make representations under regulation 15; and

b

publish the statement of modifications on its website.

5

The charging authority must comply with paragraph (4) before submitting to the examiner the documents mentioned in paragraph (1).

Consideration of representations by examinerI2020

The examiner must consider any representations made in accordance with regulation 17 before complying with section 212(7) of PA 2008.

1

Two or more charging schedules may be examined as part of the same examination if the charging authorities who prepared the draft charging schedules all agree.

2

Examination of a charging schedule may be carried out jointly with—

a

an examination of a development plan document under section 20 of PCPA 2004 (independent examination); or

b

an examination of a local development plan under section 64 of PCPA 2004 (independent examination).

3

In relation to Greater London, examination of a charging schedule prepared by the Mayor may be carried out jointly with an examination in public of the spatial development strategy under section 338 of the Greater London Authority Act 199921 (examination in public).

4

Where a joint examination is carried out under paragraph (3), any other charging schedule prepared by a London borough F77council or MDC may be examined as part of the same examination.

5

The charging authority and Secretary of State must agree to a joint examination under paragraph (2)(a) or (3).

6

The charging authority and the Welsh Ministers must agree to a joint examination under paragraph (2)(b).

7

A joint examination under paragraph (2) may only be carried out in relation to one or more charging schedules and one development plan document or one local development plan (as the case may be).

Publication of the examiner’s recommendationsI2323

1

The examiner’s recommendations and reasons for those recommendations must be submitted in writing to the charging authority.

2

The charging authority must comply with section 212(8) of PA 2008 (publication of recommendations and reasons) as soon as practicable after the day on which it receives the recommendations and reasons.

3

When the charging authority complies with section 212(8) of PA 2008 it must—

a

make the recommendations and reasons available for inspection at the places at which the documents mentioned in regulation 16(1)(a) were made available;

b

publish the recommendations and reasons on its website; and

c

give notice to those persons who requested to be notified of the publication of the examiner’s recommendations and reasons that they have been so published.

send a copy of the charging schedule to each of the relevant consenting authorities.

give notice by local advertisement of the correction, that a copy of the corrected charging schedule and correction notice is available for inspection, and of the places at which they can be inspected,

ii

send a copy of the correction notice to those persons who requested to be notified of the approval of the charging schedule, and

iii

send a copy of the correction notice to the relevant consenting authorities.

where D has not commenced, the persons on whom the collecting authority is required to serve a liability notice in respect of D22.

5

For the purposes of paragraph (3)(b), the amount of any relief must be recalculated by reference to the corrected charging schedule, but must otherwise be calculated on the same basis as when originally calculated and using the information available to the collecting authority at that time.

Charging schedule: effectI2828

1

A charging schedule takes effect at the beginning of the day specified for that purpose in the charging schedule.

2

A charging schedule may not take effect any earlier than the day after the day on which it is published.

3

A charging schedule issued by a charging authority has effect until—

a

the beginning of the day on which that charging authority determines that it should cease to have effect; or

b

the end of the day before the day a revised charging schedule issued by that charging authority takes effect.

4

If a charging authority determines (in accordance with section 214(3) of PA 2008) that a charging schedule is to cease to have effect it must—

a

publish a statement of that fact on its website;

b

give notice of that fact by local advertisement; and

c

notify the relevant consenting authorities of that fact.

Payment of fees and expenses of independent personsI2929

1

Subject to paragraph (2), a charging authority which appoints an independent person for the purposes of an examination must defray the fees and expenses of that person.

2

Where two or more draft charging schedules are examined at the same examination, the fees and expenses of an independent person must be defrayed by each of the charging authorities whose draft charging schedules are the subjects of the examination.

3

This regulation does not apply where the fees and expenses of the independent person are paid by the Secretary of State and recoverable by the Secretary of State in accordance with regulation 30.

Recovery of costs incurred by the Secretary of StateI3030

6

A person may withdraw an assumption of liability at any time before commencement of the chargeable development by giving notice of the withdrawal in writing to the collecting authority.

7

Other than by way of a transfer of assumed liability, a person may not assume liability to pay CIL in respect of a chargeable development after that development has been commenced.

8

An assumption of liability notice is valid if it complies with the requirements of paragraph (2).

Transfer of assumed liabilityI3232

1

A person who has assumed liability to pay CIL in respect of a chargeable development (P1) may transfer that assumption of liability to another person (P2) by submitting a liability transfer notice to the collecting authority.

2

A liability transfer notice must—

a

be submitted in writing on a form published by the Secretary of State (or a form to substantially the same effect); and

b

include the particulars specified or referred to in the form.

3

A liability transfer notice must be received by the collecting authority no later than the day on which the final payment of CIL is due in respect of the chargeable development.

4

On receiving a valid liability transfer notice the collecting authority must send an acknowledgement of its receipt to P1 and P2.

5

On the day on which the collecting authority receives a valid liability transfer notice, P2—

a

is deemed to have assumed liability to pay CIL in respect of the chargeable development; and

b

becomes liable to pay the outstanding amount of CIL payable in respect of the chargeable development.

6

A liability transfer notice is valid if it complies with the requirements of paragraph (2).

Default liabilityI3333

1

This regulation applies where a chargeable development is commenced in reliance on planning permission and nobody has assumed liability to pay CIL in respect of that development.

2

Liability to pay CIL must be apportioned between each material interest in the relevant land.

3

Paragraph (2) is subject to paragraph (4).

4

A person (P) is liable to pay the whole amount of CIL payable in respect of the chargeable development if—

a

P, or a person acting on behalf of P, has entered on and taken possession of the relevant land (in whole or in part)—

i

pursuant to a power conferred by or under statute, and

ii

without the agreement of the owners of the relevant land;

b

P, or a person acting on behalf of P, carries out works on the relevant land which cause the chargeable development to be commenced; and

c

at the time the chargeable development is commenced P is not an owner of the relevant land.

Apportionment of liabilityI3434

1

This regulation applies where liability to pay CIL is apportioned between each material interest in the relevant land.

2

The owner (O) of a material interest in the relevant land is liable to pay an amount of CIL calculated by applying the following formula—

\frac{V O \times A}{V}

where—

V_O: the value of the material interest owned by O;
V: an amount equal to the aggregate of the values of each material interest in the relevant land; and
A: the chargeable amount payable in respect of the chargeable development.

3

But where O is granted relief in respect of the chargeable development, O is liable to pay an amount of CIL equal to the amount calculated in accordance with paragraph (2) less the amount of relief granted to O.

F124

For the purposes of paragraph (2)—

a

the value of a material interest is the price that it might reasonably be expected to obtain if sold on the open market on the day the apportionment takes place; and

b

the valuation shall assume that the chargeable development has been completed on the day before the apportionment takes place.

5

The price referred to in paragraph (4) shall not be assumed to be reduced on the ground that the whole of the relevant land is to be placed on the open market at the same time.

Apportionment of liability: information noticeI3535

1

Before a collecting authority apportions liability between each material interest in the relevant land it may serve an information notice on an owner of the relevant land.

2

The information notice may require the owner to give such of the following information as may be specified in the notice—

a

information as to the owner’s interest in the relevant land;

b

such other information in the owner’s possession or control which the collecting authority considers relevant to assist it in apportioning liability.

3

An information notice must inform the owner of the possible consequences of a failure to comply with the notice24.

4

A requirement of the information notice is complied with by giving the required information to the collecting authority in writing before the end of the period of 14 days beginning with the day on which the notice is served.

A collecting authority which has made a determination under paragraph (2) may not impose a surcharge or serve a CIL stop notice in respect of the chargeable development to which the determination relates before the end of the period of seven days beginning with the day on which the default of liability notice is issued.

Joint liabilityI3737

1

Where two or more persons are joint owners of an interest in land they shall each be jointly and severally liable to pay any CIL payable in respect of that interest.

2

5

The amount of CIL chargeable at a given relevant rate (R) must be calculated by applying the following formula—

where—

A = the deemed net area chargeable at rate R, calculated in accordance with paragraph (7);
I_p = the index figure for the year in which planning permission was granted; and
I_c = the index figure for the year in which the charging schedule containing rate R took effect.

6

In this regulation the index figure for a given year is—

a

the figure for 1st November for the preceding year in the national All-in Tender Price Index published from time to time by the Building Cost Information Service of the Royal Institution of Chartered Surveyors; or

b

if the All-in Tender Price Index ceases to be published, the figure for 1^st November for the preceding year in the retail prices index.

7

The value of A must be calculated by applying the following formula—

where—

G = the gross internal area of the chargeable development;
G_R = the gross internal area of the part of the chargeable development chargeable at rate R;
K_R = the aggregate of the gross internal areas of the following—
1. i
  retained parts of in-use buildings, and
2. ii
  for other relevant buildings, retained parts where the intended use following completion of the chargeable development is a use that is able to be carried on lawfully and permanently without further planning permission in that part on the day before planning permission first permits the chargeable development;
E = the aggregate of the following—
1. i
  the gross internal areas of parts of in-use buildings that are to be demolished before completion of the chargeable development, and
2. ii
  for the second and subsequent phases of a phased planning permission, the value E_x (as determined under paragraph (8)), unless E_x is negative,
provided that no part of any building may be taken into account under both of paragraphs (i) and (ii) above.

8

The value E_x must be calculated by applying the following formula—

where—

E_P = the value of E for the previously commenced phase of the planning permission;
G_P = the value of G for the previously commenced phase of the planning permission; and
K_PR = the total of the values of K_R for the previously commenced phase of the planning permission.

9

Where a collecting authority does not have sufficient information, or information of sufficient quality, to enable it to establish that a relevant building is an in-use building, it may deem it not to be an in-use building.

10

Where a collecting authority does not have sufficient information, or information of sufficient quality, to enable it to establish—

a

whether part of a building falls within a description in the definitions of K_R and E in paragraph (7); or

b

the gross internal area of any part of a building falling within such a description,

it may deem the gross internal area of the part in question to be zero.

11

In this regulation—

“building” does not include—
1. i
  a building into which people do not normally go,
2. ii
  a building into which people go only intermittently for the purpose of maintaining or inspecting machinery, or
3. iii
  a building for which planning permission was granted for a limited period;
“in-use building” means a building which—
1. i
  is a relevant building, and
2. ii
  contains a part that has been in lawful use for a continuous period of at least six months within the period of three years ending on the day planning permission first permits the chargeable development;
“new build” means that part of the chargeable development which will comprise new buildings and enlargements to existing buildings;
“relevant building” means a building which is situated on the relevant land on the day planning permission first permits the chargeable development;
“relevant charging schedules” means the charging schedules which are in effect—
1. i
  at the time planning permission first permits the chargeable development, and
2. ii
  in the area in which the chargeable development will be situated;
“retained part” means part of a building which will be—
1. i
  on the relevant land on completion of the chargeable development (excluding new build),
2. ii
  part of the chargeable development on completion, and
3. iii
  chargeable at rate R.

PART 6EXEMPTIONS AND RELIEF

Interpretation of Part 6I4041

1

In this Part—

“apportionment assessment” means an assessment (carried out in accordance with regulation 34) of how liability to pay CIL in respect of the chargeable development should be apportioned between each material interest in the relevant land;
“by local advertisement” means by publication on at least one occasion in a local newspaper circulating in the whole of the area of the charging authority;
“charitable institution” means—
1. a
  a charity,
2. b
  a trust of which all the beneficiaries are charities, or
3. c
  a unit trust scheme in which all the unit holders are charities,
and for the purposes of this definition “charity” means any person or trust established for charitable purposes only;
“charitable purpose” has the same meaning as in section 2 of the Charities Act 200626;
“local housing authority” has the same meaning as in section 1 of the Housing Act 198527;
“material disposal” means—
1. a
  a transfer of a legal estate, or
2. b
  the grant of a lease for a term of more than seven years from the date of the grant; and
“State aid” means aid within the meaning of Article 107(1) of the Treaty on the Functioning of the European Union28.

2

For the purposes of this Part a person is eligible for charitable relief if that person is exempt from liability to pay CIL under regulation 43 or is eligible for relief from liability to pay CIL under regulation 44 or 45.

Exemption for minor developmentI4142

1

Liability to CIL does not arise in respect of a F13... development if, on completion of that development, the gross internal area of new build on the relevant land will be less than 100 square metres.

2

But paragraph (1) does not apply where the F14... development will comprise one or more dwellings.

3

In paragraph (1) “new build” means that part of the F15... development which will comprise new buildings and enlargements to existing buildings.

Where paragraph (5) applies, the collecting authority must grant relief up to the amount that would not constitute a State aid which is required to be notified to and approved by the European Commission.

Exemption for residential annexes or extensions: procedure42B

1

A person who wishes to benefit from the exemption for residential annexes or extensions must submit a claim to the collecting authority in accordance with this regulation.

2

The claim must—

a

be received by the collecting authority before commencement of the chargeable development;

b

be submitted to the collecting authority in writing on a form published by the Secretary of State (or a form substantially to the same effect);

c

include the particulars specified or referred to in the form; and

d

be accompanied by the documents specified or referred to in the form.

3

A claim under this regulation will lapse where the chargeable development to which it relates is commenced before the collecting authority has notified the claimant of its decision on the claim.

4

As soon as practicable after receiving a valid claim, and subject to regulation 42A(5), the collecting authority must grant the exemption and notify the claimant in writing of the exemption granted (or the amount of relief granted, as the case may be).

5

A claim for an exemption for residential annexes or extensions is valid if it complies with the requirements of paragraph (2).

6

A person who is granted an exemption for residential annexes or residential extensions ceases to be eligible for that exemption if a commencement notice is not submitted to the collecting authority before the day the chargeable development is commenced.

“main dwelling” and “residential annex” have the same meaning as in regulation 42A; and

b

“relevant person” means the person benefitting from the exemption for residential annexes in respect of the dwelling which has ceased to qualify for the exemption.

Exemption for charitiesI4243

1

An owner (C) of a material interest in the relevant land is exempt from liability to pay CIL in respect of a chargeable development if—

a

C is a charitable institution; and

b

the chargeable development will be used wholly or mainly for charitable purposes (whether of C or of C and other charitable institutions).

2

But paragraph (1) does not apply where—

a

that part of the chargeable development to be used for charitable purposes will not be occupied by or under the control of a charitable institution;

b

the material interest is owned by C jointly with a person who is not a charitable institution; or

c

exemption of C from liability to pay CIL would constitute a State aid.

3

For the purposes of paragraph (1) use of a chargeable development for charitable purposes includes leaving it unoccupied.

Discretionary charitable relief: investment activitiesI4344

1

An owner (C) of a material interest in the relevant land is eligible for relief from liability to pay CIL in respect of a chargeable development if—

a

discretionary charitable relief is available in the area in which the chargeable development will be situated;

b

C is a charitable institution; and

c

the whole or the greater part of the chargeable development will be held by C or by C and other charitable institutions as an investment from which the profits will be applied for charitable purposes (whether of C or of C and other charitable institutions).

2

Paragraph (1) is subject to the following provisions of this regulation.

3

Relief may not be granted under paragraph (1) if—

a

C intends to occupy that part of the chargeable development mentioned in paragraph (1)(c) and use it for ineligible trading activities; or

b

the material interest is owned by C jointly with a person who is not a charitable institution.

4

In paragraph (3)(a) “ineligible trading activities” means trading activities other than the sale of goods donated to C where the proceeds of sale of the goods (after any deduction of expenses) are applied to the charitable purposes of C.

5

A collecting authority may not grant relief under paragraph (1) if it is satisfied that to do so would constitute a State aid which is required to be notified to and approved by the European Commission.

Other discretionary charitable reliefI4445

1

This regulation applies where—

a

the exemption of a charitable institution (C) from liability to pay CIL in respect of a chargeable development would constitute a State aid; and

b

C would otherwise be exempt from liability in respect of that development under regulation 43.

2

C is eligible for relief from liability to pay CIL in respect of the chargeable development if—

a

discretionary charitable relief is available in the area in which the chargeable development will be situated; and

b

the collecting authority is satisfied that the aid in question does not need to be notified to and approved by the European Commission.

send a copy of the statement to the collecting authority (if it is not the charging authority).

4

The day mentioned in paragraph (3)(a) must be no earlier than the end of the period of 14 days beginning with the date on which the statement mentioned in that paragraph is published on the charging authority’s website.

A person who is granted charitable relief ceases to eligible for that relief if a commencement notice is not submitted to the collecting authority F126... before the day the chargeable development is commenced.

8

Paragraph (9) applies where a charging authority issues a statement (in accordance with regulation 46(3)(a)) giving notice that discretionary charitable relief will no longer be available in its area.

9

Any claim for discretionary charitable relief received by the collecting authority on or before the day mentioned in regulation 46(3)(a)) in respect of a chargeable development situated in the charging authority’s area must be considered by the collecting authority.

Withdrawal of charitable reliefI4748

1

This regulation applies if charitable relief is granted and one of the following (“the disqualifying event”) occurs before the end of the clawback period—

a

the owner of a relevant interest ceases to be eligible for charitable relief;

b

the whole of a relevant interest is transferred to a person who is not eligible for charitable relief; or

c

a relevant interest which is a lease is terminated before the end of its term and the owner of the reversion is not eligible for charitable relief.

2

The charitable relief granted in respect of the relevant interest is withdrawn and the relevant person is liable to pay an amount of CIL equal to the withdrawn relief.

3

The relevant person must notify the collecting authority in writing of the disqualifying event before the end of the period of 14 days beginning with the day on which the disqualifying event occurs.

4

In this regulation—

“relevant interest” means an interest in land in respect of which charitable relief was granted; and
“relevant person” means the owner of the relevant interest immediately before the disqualifying event occurs.

Social housing relief is given by deducting the qualifying amount from what would otherwise be the amount of liability to CIL that would arise in respect of the chargeable development.

11

In this regulation—

“assured agricultural occupancy”, “assured shorthold tenancy” and “assured tenancy” have the same meanings as in Part 1 of the Housing Act 1988;
“demoted tenancy” means a tenancy to which section 20B of the Housing Act 1988 or section 143A of the Housing Act 1996 applies;
“introductory tenancy” has the same meaning as in Chapter 1 of Part 5 of the Housing Act 1996;
“market rent” means the rent which the lease might reasonably be expected to fetch at that time on the open market;
“national rent regime” means the rent influencing regime set out in the Social Rent Guidance within the Rent Standard Guidance as published by the Regulator of Social Housing in March 2012;
“secure tenancy” has the same meaning as in Part 4 of the Housing Act 1985; and
“unsold interest” means the freehold interest or the leasehold interest owned by the person providing the dwelling.

b

publish the document on its website;

c

make the document available for inspection—

i

at its principal office, and

ii

d

send a copy of the document to the collecting authority (if it is not the charging authority).

3

A charging authority which no longer wishes discretionary social housing relief to be available in its area must—

a

issue a statement giving notice to that effect and stating the last day on which the collecting authority will accept claims for relief;

b

publish the statement on its website;

c

make the statement available for inspection—

i

at its principal office, and

ii

d

send a copy of the statement to the collecting authority (if it is not the charging authority).

4

The day mentioned in paragraph (3)(a) must be no earlier than the end of the period of 14 days beginning with the day on which the statement mentioned in that paragraph is published on the charging authority’s website.

Social housing relief: qualifying communal development49C

1

For the purposes of this regulation, qualifying communal development is the amount of communal development (calculated in accordance with paragraph (4)) which is for the benefit of the occupants of more than one qualifying dwelling.

2

Subject to paragraph (3), development is communal development if it is development for the benefit of the occupants of more than one qualifying dwelling, whether or not it is also for the benefit of the occupants of relevant development.

3

Development is not communal development if it is—

a

wholly or partly made up of one or more dwellings;

b

wholly or mainly for use by the general public;

c

wholly or mainly for the benefit of occupants of development which is not relevant development; or

d

to be used wholly or mainly for commercial purposes.

4

The gross internal area of any communal development that is qualifying communal development must be calculated by applying the following formula—

where—

X = the gross internal area of the communal development;
A = the gross internal area of the qualifying dwellings to which the communal development relates; and
B = the gross internal area of the qualifying dwellings and the relevant development, provided that the communal development is for the benefit of those dwellings and that relevant development.

5

In this regulation, “relevant development” means development which is granted permission by the same planning permission as the qualifying dwellings in question, but which does not include the qualifying dwellings or the communal development.

F99Social housing relief: qualifying amount50

1

The amount of social housing relief for which a chargeable development is eligible (“the qualifying amount”) must be calculated in accordance with this regulation.

2

The qualifying amount is an amount equal to the aggregate of the qualifying amounts at each of the relevant rates.

3

The relevant rates are the rates, taken from the relevant charging schedules, at which, but for social housing relief, CIL would be chargeable in respect of the parts of the chargeable development which will comprise—

a

qualifying dwellings; or

b

qualifying communal development.

4

The qualifying amount at a given relevant rate (R) must be calculated by applying the following formula—

where—

A = the deemed net area chargeable at rate R;
I_p = the index figure for the year in which planning permission was granted; and
I_c = the index figure for the year in which the charging schedule containing rate R took effect.

5

Paragraph (6) of regulation 40 applies to determine the index figure for a given year.

6

Paragraphs (7) to (10) of regulation 40 apply for the purpose of calculating A with the following modifications—

a

for G_R, substitute Q_R,and

b

for K_R, substitute K_QR

where—

Q_R = the gross internal areas of the part of the chargeable development which will comprise the qualifying dwellings or qualifying communal development, and in respect of which, but for social housing relief, CIL would be chargeable at rate R; and

K_QR = the aggregate of the gross internal areas of the following—

i

relevant retained parts of in-use buildings; and

ii

for other relevant buildings, relevant retained parts where the intended use following completion of the chargeable development is a use that is able to be carried on lawfully and permanently without further planning permission in that part on the day before planning permission first permits the chargeable development.

7

Where—

a

social housing relief has been granted in relation to a development; and

b

planning permission is granted under section 73 of TCPA 1990 in respect of that development; and

c

the amount of social housing relief calculated in accordance with this regulation that the development is eligible for has not changed as a result of the planning permission referred to in sub-paragraph (b),

anything done in relation to an application for social housing relief made under regulation 51 (social housing relief: procedure) in relation to the development referred to in sub-paragraph (a) is to be treated as if it was done in relation to development that the planning permission referred to in sub-paragraph (b) relates to.

8

In this regulation—

a

a reference to part of a chargeable development which will comprise qualifying dwellings includes a reference to part of a chargeable development which comprises qualifying dwellings;

b

“relevant retained part” means part of a building which will be—

i

on the relevant land on completion of the chargeable development (excluding new build),

ii

part of the chargeable development on completion, and

iii

chargeable at rate R but for social housing relief;

c

“building”, “in-use building”, “new build”, “relevant building” and “relevant charging schedules” have the same meaning as in regulation 40.

includes a calculation of the qualifying amount.

F1349

Paragraph (10) applies where a charging authority issues a statement (in accordance with regulation 49B(3)(a)) giving notice that discretionary social housing relief will no longer be available in its area.

10

Any claim for discretionary social housing relief received by the collecting authority on or before the day mentioned in regulation 49B(3)(a) in respect of a chargeable development situated in the charging authority’s area must be considered by the collecting authority.

O must send a copy of the notification to P1 and (if P2 is not O) P2.

9

On receiving the notification the collecting authority must send an acknowledgment of receipt to O, P1 and (if P2 is not O) P2.

Withdrawal of social housing reliefI5053

1

This regulation applies whenever a disqualifying event occurs before the end of the clawback period in respect of a chargeable development for which social housing relief has been granted.

2

A disqualifying event is any change in relation to a qualifying dwelling F141or qualifying communal development such that it ceases to be a qualifying dwelling F141or qualifying communal development.

3

The material disposal of a qualifying dwelling F142or qualifying communal development does not cause it to cease being a qualifying dwelling F142or qualifying communal development if—

a

the proceeds of sale are spent on a qualifying dwelling F142or qualifying communal development ;

b

the proceeds of sale are transferred to the Secretary of State, the Welsh Ministers, a local housing authority F41, the Greater London Authority or the Homes and Communities Agency;

c

the disposal is made to the Welsh Ministers under paragraph 15 or 27 of Schedule 1 to the Housing Act 1996; F143...

d

the disposal is made to the Regulator of Social Housing under section 167 or 253 of the Housing and Regeneration Act F1442008; or

F145e

discretionary social housing relief has been granted in relation to the dwelling or qualifying communal development, and the dwelling or development (as the case may be) is disposed of in accordance with regulation 49A(2).

4

The relevant person is liable to pay an amount of CIL (“the withdrawn amount”) equal to the difference between the qualifying amount immediately before the disqualifying event and the qualifying amount immediately after the disqualifying event.

5

The qualifying amounts mentioned in paragraph (4) must be calculated in accordance with regulation 50, and for the purposes of that calculation the value of E is the value of E as calculated at the time social housing relief was granted in respect of the chargeable development.

6

The relevant person must notify the collecting authority in writing of a disqualifying event before the end of the period of 14 days beginning with the day on which it occurs.

7

The notification must—

a

state the gross internal area of the dwelling which has ceased to be a qualifying dwelling F146(if any); F147...

F148aa

state the gross internal area of the development which has ceased to be qualifying communal development (if any); and

b

be accompanied by a map or plan which identifies the location of the dwelling mentioned in sub-paragraph (a) F149or the development mentioned in sub-paragraph (aa).

8

As soon as practicable after receiving notice of the disqualifying event, the collecting authority must notify the relevant person in writing of the withdrawn amount.

9

The notification must be accompanied by an explanation of how the withdrawn amount was calculated.

10

In this regulation “relevant person” means the person benefiting from social housing relief in respect of the dwelling which has ceased to be a qualifying dwelling F150, or the development which has ceased to be qualifying communal development.

Social housing relief: information noticeI5154

1

A collecting authority may serve an information notice on—

a

a person claiming social housing relief;

b

a person who has made a material disposal of land in accordance with regulation 52; or

c

a person required to notify the collecting authority of a disqualifying event in accordance with regulation 53(6).

2

The information notice may require the person to give such information, documents or materials as are specified in the notice, and which are in the person’s possession or control, which the collecting authority considers relevant to assist it in—

a

determining the extent to which a chargeable development is eligible for social housing relief; and

b

calculating the qualifying amount in respect of the chargeable development.

3

An information notice must inform the person on whom it is served of the possible consequences of a failure to comply with the notice35.

4

A requirement of the information notice is complied with by giving the required information to the collecting authority in writing or sending the required documents or materials to the collecting authority (as the case may be) before the end of the period of 14 days beginning with the day on which the notice is served.

5

A reference in this regulation to a chargeable development includes a reference to part of a chargeable development.

F94Exemption for self-build housing54A

1

Subject to paragraphs (10) and (11), a person (P) is eligible for an exemption from liability to pay CIL in respect of a chargeable development, or part of a chargeable development, if it comprises self-build housing or self-build communal development.

2

Self-build housing is a dwelling built by P (including where built following a commission by P) and occupied by P as P’s sole or main residence.

3

The amount of any self-build communal development that P can claim the exemption in relation to is to be determined in accordance with paragraphs (4) to (6).

4

Subject to paragraph (5), development is self-build communal development if it is for the benefit of the occupants of more than one dwelling that is self-build housing, whether or not it is also for the benefit of the occupants of relevant development.

5

Development is not self-build communal development if it is—

a

wholly or partly made up of one or more dwellings;

b

wholly or mainly for use by the general public;

c

wholly or mainly for the benefit of occupants of development which is not relevant development; or

d

to be used wholly or mainly for commercial purposes.

6

The amount of any self-build communal development that P can claim the exemption in relation to must be calculated by applying the following formula—

where—

X = the gross internal area of the self-build communal development;
A = the gross internal area of the dwelling in relation to which P is claiming the exemption for self-build housing; and
B = the gross internal area of the self-build housing and relevant development, provided that the self-build communal development is for the benefit of that housing and that relevant development.

7

In this regulation, “relevant development” means development which is authorised by the same planning permission as the self-build housing in question, but which does not include the self-build housing or the self-build communal development.

8

In order to claim the exemption in relation to self-build communal development, P must assume liability to pay CIL in respect of that development (and may do so jointly in respect of the chargeable development) and either claim the exemption—

a

at the same time as P claims the exemption in respect of the self-build housing; or

b

where the self-build housing is granted permission through a phased planning permission, in relation to any phase of that permission.

9

An exemption or relief under this regulation is known as an exemption for self-build housing.

10

An exemption for self-build housing cannot be granted to the extent that the collecting authority is satisfied that to do so would constitute a State aid which is required to be notified to and approved by the European Commission.

11

Where paragraph (10) applies, the collecting authority must grant relief up to an amount which would not constitute a State aid which is required to be notified to and approved by the European Commission.

Exemption for self-build housing: procedure54B

1

A person who wishes to benefit from the exemption for self-build housing must submit a claim to the collecting authority in accordance with this regulation.

2

The claim must—

a

be made by a person who—

i

intends to build, or commission the building of, a new dwelling, and intends to occupy the dwelling as their sole or main residence for the duration of the clawback period, and

ii

has assumed liability to pay CIL in respect of the new dwelling, whether or not they have also assumed liability to pay CIL in respect of other development;

b

be received by the collecting authority before commencement of the chargeable development;

c

be submitted to the collecting authority in writing on a form published by the Secretary of State (or a form substantially to the same effect);

d

include the particulars specified or referred to in the form; and

e

where more than one person has assumed liability to pay CIL in respect of the chargeable development, clearly identify the part of the development that the claim relates to.

3

A claim under this regulation will lapse where the chargeable development to which it relates is commenced before the collecting authority has notified the claimant of its decision on the claim.

4

As soon as practicable after receiving a valid claim, and subject to regulation 54A(10), the collecting authority must grant the exemption and notify the claimant in writing of the exemption granted (or the amount of relief granted, as the case may be).

5

A claim for an exemption for self-build housing is valid if it complies with the requirements of paragraph (2).

6

A person who is granted an exemption for self-build housing ceases to be eligible for that exemption if a commencement notice is not submitted to the collecting authority before the day the chargeable development is commenced.

Exemption for self-build housing: completion of development54C

1

A person (P) granted an exemption for self-build housing in respect of development (D) must comply with this regulation.

2

Within six months of the date of the compliance certificate for D, P must submit a form to the collecting authority confirming that D is self-build housing or self-build communal development (as the case may be).

3

The form referred to in paragraph (2) must—

a

be submitted in writing on a form published by the Secretary of State (or a form to substantially the same effect);

b

include the particulars specified or referred to in the form; and

c

be accompanied by the documents specified or referred to in the form.

Withdrawal of the exemption for self-build housing54D

1

This regulation applies if an exemption for self-build housing is granted and a disqualifying event occurs before the end of the clawback period.

2

For the purposes of this regulation, a disqualifying event is—

a

any change in relation to the self-build housing or self-build communal development which is the subject of the exemption such that it ceases to be self-build housing or self-build communal development;

b

a failure to comply with regulation 54C;

c

the letting out of a whole dwelling or building that is self-build housing or self-build communal development;

d

the sale of the self-build housing; or

e

the sale of the self-build communal development.

3

Subject to paragraphs (5) and (6), where this regulation applies the exemption for self-build housing granted in respect of the self-build housing or self-build qualifying development is withdrawn and the relevant person is liable to pay—

a

an amount of CIL equal to the amount of CIL that would have been payable on commencement of the development if the exemption had not been granted; or

b

where regulation 54A(11) applies, the amount of relief granted.

4

The relevant person must notify the collecting authority in writing of the disqualifying event before the end of the period of 14 days beginning with the day on which the disqualifying event occurs.

5

The collecting authority must notify the relevant person at least 28 days before taking any action in relation to a disqualifying event under paragraph (2)(b), informing them of the date after which they intend to take any such action.

6

If the relevant person submits to the collecting authority a form which complies with the requirements of regulation 54C(3) before the date mentioned in paragraph (5), the exemption is not withdrawn and the collecting authority may take no further action in relation to that disqualifying event.

7

As soon as practicable after receiving the notice of the disqualifying event (or the expiry of the period in paragraph (5), as the case may be) the collecting authority must notify the relevant person in writing of the amount of CIL payable under paragraph (3).

8

In this regulation “relevant person” means the person benefitting from the exemption for self-build housing in respect of the dwelling or communal development which has ceased to qualify for the exemption.

Discretionary relief for exceptional circumstancesI5255

1

A charging authority may grant relief (“relief for exceptional circumstances”) from liability to pay CIL in respect of a chargeable development (D) if—

a

it appears to the charging authority that there are exceptional circumstances which justify doing so; and

b

the charging authority considers it expedient to do so.

2

Paragraph (1) is subject to the following provisions of this regulation.

3

A charging authority may only grant relief for exceptional circumstances if—

a

it has made relief for exceptional circumstances available in its area;

b

a planning obligation under section 106 of TCPA 199036 has been entered into in respect of the planning permission which permits D; and

c

the charging authority—

F151i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ii

considers that to require payment of the CIL charged by it in respect of D would have an unacceptable impact on the economic viability of D, and

iii

is satisfied that to grant relief would not constitute a State aid which is required to be notified to and approved by the European Commission.

4

The Mayor may not grant relief for exceptional circumstances in respect of a chargeable development unless a claim for that relief is referred to the Mayor by a London borough council F78or MDC in accordance with regulation 58(3).

d

send a copy of the statement to the collecting authority (if it is not the charging authority).

3

The day mentioned in paragraph (2)(a) must be no earlier than the end of the period of 14 days beginning with the day on which the statement mentioned in that paragraph is published on the charging authority’s website.

In this Part—

“acquired land” and “relevant purpose” have the same meaning as in regulation 73 (payment in kind);
“CIL expenditure” includes—
1. a
  the value of any acquired land on which development (within the meaning in TCPA 1990) consistent with a relevant purpose has been commenced or completed, and
2. b
  CIL receipts transferred by a charging authority to another person to spend on infrastructure (including money transferred to such a person which it has not yet spent);
“CIL receipts” means—
1. a
  for a charging authority—
  1. i
    CIL collected by that authority (including the value of any acquired land), but does not include CIL collected on behalf of the charging authority by another public authority but which that authority has not yet paid to the charging authority; and
  2. ii
    CIL recovered by that authority in accordance with regulation 59D, but does not include CIL not yet paid to the charging authority by the local council;
2. b
  for a local council, CIL passed to it under regulations 59(4), 59A(2) or 59B, but does not include funds not yet paid to the local council by the charging authority in accordance with regulation 59D.
“dwelling” has the meaning given in section 3 of the Local Government Finance Act 1992;
“ $I_{A}$ ” means the index figure for the year in which CIL is passed to the local council;
“index figure” has the same meaning as in F156regulation 40(6) (calculation of chargeable amount);
“local council” means—
1. a
  in England, a parish council;
2. b
  in Wales, a community council; and
“neighbourhood development plan” has the same meaning as in section 38A of the Planning and Compulsory Purchase Act 2004.

Application to infrastructureI5659

1

A charging authority must apply CIL to funding F55the provision, improvement, replacement, operation or maintenance of infrastructure to support the development of its area.

2

CIL applied by the Mayor to funding infrastructure must be applied to funding F56the provision, improvement, replacement, operation or maintenance of roads or other transport facilities, including, in particular, funding for the purposes of, or in connection with, scheduled works within the meaning of Schedule 1 to the Crossrail Act 200837.

3

A charging authority may apply CIL to funding F57the provision, improvement, replacement, operation or maintenance of infrastructure outside its area where to do so would support the development of its area.

4

For the purposes of this regulation, any reference to applying CIL includes a reference to causing it to be applied, and includes passing CIL to another person for that person to apply to funding F58the provision, improvement, replacement, operation or maintenance of infrastructure.

5

This regulation is subject to regulations F8259A, 59E, 59F,60 and 61.

F65Duty to pass CIL to local councils59A

1

This regulation applies to that part of a chargeable development within the area of a local council.

2

Subject to paragraph (12) and regulation 59E(5) a charging authority, other than the Mayor, must pass to every local council within its area a proportion of CIL receipts calculated in accordance with this regulation and regulation 59B.

3

In England, where all or part of a chargeable development is within an area that has a neighbourhood development plan in place the charging authority must pass 25 per cent of the relevant CIL receipts to the parish council for that area.

4

In England, where all or part of a chargeable development—

a

is not in an area that has a neighbourhood development plan in place; and

b

was granted permission by a neighbourhood development order made under section 61E or 61Q (community right to build orders) of TCPA 1990,

the charging authority must pass 25 per cent of the relevant CIL receipts to the parish council for that area.

5

In England, where all or part of a chargeable development—

a

is not in an area that has a neighbourhood development plan in place; and

b

12

Where a local council notifies the charging authority in writing that it does not want to receive some or all of the CIL receipts that this regulation applies to before that CIL is paid to it, the charging authority must retain those CIL receipts.

Application of regulation 59A to land F157and infrastructure payments59B

1

Regulation 59A applies to land payments accepted by a charging authority in accordance with regulation 73(1) (payment in kind) F158and infrastructure payments accepted by a charging authority in accordance with regulation 73A(1) (infrastructure payments) as follows.

2

For the purposes of regulation 59A(8), the CIL received in relation to a development includes the value of CIL that any land F159or infrastructure payments were accepted in satisfaction of.

3

Any payments to a local council relating to a land F160or infrastructure payment must be paid to the local council in money.

Application of CIL by local councils59C

A local council must use CIL receipts passed to it in accordance with regulation 59A or 59B to support the development of the local council’s area, or any part of that area, by funding—

a

the provision, improvement, replacement, operation or maintenance of infrastructure; or

b

anything else that is concerned with addressing the demands that development places on an area.

Payment periods59D

1

This regulation applies where a charging authority is required to make a payment to a local council under regulation 59A or 59B.

2

If the charging authority and the local council agree on a timetable for payment, the charging authority must pay the local council in accordance with that timetable.

3

In all other cases, the charging authority must pay the local council in accordance with the following paragraphs.

4

The charging authority must make payment in respect of the CIL it receives from 1st April to 30th September in any financial year to the local council by 28th October of that financial year.

5

The charging authority must make payment in respect of the CIL it receives from 1st October to 31st March in any financial year to the local council by 28th April of the following financial year.

1

This regulation applies where all or part of a chargeable development is in an area in relation to which regulations 59A and 59B do not apply.

2

This regulation applies to those CIL receipts that would have been passed to a local council under regulations 59A and 59B had that part of the chargeable development been within the area of a local council.

3

The charging authority may use the CIL to which this regulation applies, or cause it to be used, to support the development of the relevant area by funding—

a

the provision, improvement, replacement, operation or maintenance of infrastructure; or

b

anything else that is concerned with addressing the demands that development places on an area.

4

In paragraph (3), “relevant area” means that part of the charging authority’s area that is not with the area of a local council.

Reimbursement of expenditure incurred and repayment of loansI5760

1

A charging authority may apply CIL to reimburse expenditure already incurred on infrastructure.

2

Where a charging authority, other than the Mayor, has borrowed money for the purposes of funding infrastructure, it may apply CIL to repay that money, and any interest, if the conditions set out in paragraphs (4) and (5) are both met.

3

Where the Greater London Authority or a functional body has borrowed money for the purposes of funding infrastructure consisting of roads or other transport facilities, the Mayor may apply CIL to repay that money, and any interest, if the conditions set out in paragraphs (4) and (5) are both met.

4

Condition 1 is that the charging authority has collected CIL, or CIL has been collected on its behalf, for at least one full financial year before the date on which CIL is to be applied to repay the money.

5

Condition 2 is that the total amount to be applied in any one financial year does not exceed the relevant percentage of CIL collected by or on behalf of the charging authority in the preceding financial year.

6

For the purposes of paragraph (5), the relevant percentage is such percentage as the Secretary of State may direct or, in the absence of a direction, zero per cent.

7

A direction under paragraph (6)—

a

must be made in respect of authorities generally;

b

must be in writing;

c

may be substituted or revoked at any time, any substitution or revocation being made by a further direction in writing.

8

In this regulation “functional body” means—

a

Transport for London F39...

b

F39....

year one begins on the date on which the charging authority’s first charging schedule takes effect38 and ends at the end of the first subsequent full financial year;

b

years two to four are the consecutive financial years that follow; and

c

in relation to a collecting authority, the reference to a charging authority in this paragraph is a reference to the charging authority on behalf of whom CIL is collected.

For the purposes of this regulation—

a

the value of acquired land is the value stated in the agreement made with the charging authority in respect of that land in accordance with regulation 73(6)(d);

b

the value of a part of acquired land must be determined by applying the formula in regulation 73(10) as if references to N were references to the area of the part of the acquired land whose value is being determined.

F887

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66Reporting by local councils62A

Section 216(2) of PA 2008 (application) is amended as follows.

2

At the end of paragraph (e) insert “ and”.

3

At the end of paragraph (f) for “, and” substitute “.”.

4

Omit paragraph (g).

PART 8ADMINISTRATION

F67Transitional provision: when a MDC becomes the charging authority for an area63A

1

b

granted planning permission for a development, or received or issued a notice of chargeable development in relation to a development under regulation 64 or 64A,

it shall be entitled to receive the CIL for the development to which the planning permission or notice of chargeable development relates.

3

Subject to paragraphs (4) to (6), the MDC—

a

shall remain the collecting authority for the CIL it is entitled to receive; and

b

shall remain the charging authority for the CIL it is entitled to receive.

4

Where—

a

the Mayor has made a transfer scheme under section 216(1) of the Localism Act 2011;

b

the property transferred under the transfer scheme includes CIL which the MDC is entitled to receive; and

c

the permitted recipient is a London borough council,

the permitted recipient shall act as the collecting authority for the CIL it is entitled to receive, and all references in Parts 7 (application of CIL) to 10 (appeals) of these Regulations to “collecting authority” and “charging authority” shall be read as a reference to it.

5

Where—

a

the Mayor has made a transfer scheme under section 216(1) of the Localism Act 2011;

b

the property transferred under the transfer scheme includes CIL which the MDC is entitled to receive; and

c

the permitted recipient is not a London borough council,

the permitted recipient may agree with a charging authority (C) that C shall be the collecting authority for the CIL which the permitted recipient is entitled to receive, and all references in Parts 8 (administration) to 10 (appeals) of these Regulations to “collecting authority” shall be read as a reference to C.

6

Where paragraph (5) applies the permitted recipient is a charging authority that (C) is collecting CIL on behalf of for the purposes of regulations 61 (administrative expenses) and 76 (payments to charging authorities).

7

In this regulation, “permitted recipient” has the meaning given in section 216(4) of the Localism Act 2011.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

A person who submits a notice of chargeable development must notify the collecting authority in writing of any changes to the information provided in that notice before the chargeable development is commenced.

8

A collecting authority may request a person who has submitted a notice of chargeable development to provide it with such further information, documents or materials which the collecting authority considers relevant to assist it in calculating the chargeable amount.

F1679

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1Preparation and service of notice of chargeable development by collecting authority64A

1

This regulation applies where—

a

planning permission for a development is granted by way of a general consent;

b

no notice of chargeable development has been submitted to the collecting authority under regulation 64(2) in respect of that development; and

c

the collecting authority is of the view that—

i

the development has been commenced; and

F168ii

in relation to the development—

aa

the exemption conferred by regulation 42 does not apply; or

bb

the exemption for residential extensions does not reduce the CIL liability to zero.

2

The collecting authority must prepare a notice of chargeable development which—

a

is in writing on a form published by the Secretary of State (or a form to substantially the same effect);

b

includes the particulars specified or referred to in the form; and

c

is accompanied by a plan which identifies—

i

the land to which the notice relates;

ii

the building which is the subject of the notice;

F169iii

where the collecting authority has sufficient information to do so, any building that is relevant for the purpose of calculating E or K_R under regulation 40;

3

The collecting authority must serve the notice of chargeable development on each person known to the authority as an owner of the relevant land, together with the liability notice served under regulation 65(3).

in the case of a general consent, the person who has submitted a notice of chargeable development;

b

in the case of F176phased planning permission granted subject to a condition requiring that further approval is obtained before commencing development, the person who has applied for that approval;

c

in all other cases, the person who applied for F176phased planning permission.

Local land chargesI6366

1

The chargeable amount payable in respect of a chargeable development is a local land charge.

2

Subject to paragraph (3), the chargeable amount ceases to be a local land charge once all outstanding amounts of CIL due in respect of the chargeable development have been paid to the collecting authority.

3

The chargeable amount ceases to be a local land charge at the end of the clawback period if—

a

charitable or social housing relief F177, or an exemption for residential annexes or self-building housing, is granted in respect of the chargeable development; and

b

no disqualifying event occurs before the end of the clawback period F178(or, if a disqualifying event under regulation 54D(2)(b) has occurred and the collecting authority may take no further action in relation to that event).

4

The chargeable amount ceases to be a local land charge if liability to CIL would no longer arise in respect of the chargeable development.

5

For the purposes of the Local Land Charges Act 197539, the collecting authority is the originating authority as respects a local land charge created in accordance with this regulation.

has received a commencement notice in respect of the chargeable development but has reason to believe that it was commenced earlier than the intended commencement date.

Demand noticeI6669

1

The collecting authority must serve a demand notice on each person liable to pay an amount of CIL in respect of a chargeable development.

2

A demand notice must—

a

be issued on a form published by the Secretary of State (or a form to substantially the same effect);

b

state the date on which it was issued;

c

identify the liability notice to which it relates;

d

state the intended commencement date or, where the collecting authority has determined a deemed commencement date, the deemed commencement date;

e

state the amount payable by the person on whom the notice is served (including any surcharges imposed in respect of or interest applied to the amount) and the day on which payment of the amount is due;

f

where the amount payable is to F22be paid by way of instalments40, state the amount of each instalment and the day on which payment of the instalment is due; and

g

include the other information specified in the form.

3

The collecting authority may at any time serve a revised demand notice on a person liable to pay an amount of CIL.

4

The collecting authority must serve a revised demand notice on a person on whom it has served a demand notice if any of the particulars mentioned in paragraph (2)(d), (e) or (f) change (whether on appeal or otherwise).

5

Where a collecting authority serves a demand notice on a person, any earlier demand notice served on that person in respect of the same chargeable development ceases to have effect.

F2Suspension of demand notice69A

1

A person (P) who has been served with a demand notice under regulation 69(1) may request the collecting authority to make a declaration that P is not required to pay the amount of CIL stated in the demand notice until works which are part of the chargeable development are commenced on the land in which P has a material interest.

2

A request under paragraph (1) must be made in writing and include sufficient particulars to enable the collecting authority to decide whether it is satisfied as to the matters described in paragraph (3)(a) to (e).

3

The collecting authority must make a declaration under paragraph (1) if it is satisfied that—

a

P’s liability under the demand notice arises because that liability has been apportioned to P under regulation 33(2) or 36(4)(b);

b

no works which are part of the chargeable development have been commenced on the land in which P has a material interest;

c

P has not agreed that any works which are part of the chargeable development may be commenced on the land in which P has a material interest;

d

P has not agreed, in a contract enforceable under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, to transfer all or any part of P’s material interest in the land to any other person; and

e

in all the circumstances of the case it is reasonable that P is not required to pay the amount of CIL stated in the demand notice until works which are part of the chargeable development are commenced on the land in which P has a material interest.

4

Where a declaration is made under paragraph (1)—

a

P shall not be liable for any late interest payment under regulation 87 (late payment interest);

b

no measures to recover CIL under Chapter 3 of Part 9 (recovery of CIL) may be taken against P; and

c

no measures to recover CIL under Chapter 4 of Part 9 (other enforcement provisions) may be taken against P’s executor or administrator,

until a demand notice is issued under paragraph (6) or (7).

5

Where—

a

a declaration is made under paragraph (1); and

b

works which are part of the chargeable development are subsequently commenced on the land in which P has a material interest,

P must notify the collecting authority in writing no later than the day before the day on which the works are commenced that the works are being commenced.

6

Where a collecting authority —

a

receives notice under paragraph (5), or

b

has not received notice under paragraph (5), but is of the view that works which are part of the chargeable development have been commenced on the land,

it must serve a demand notice on P.

7

Where a collecting authority is of the view that P has agreed, in a contract enforceable under section 2 of the Law of Property (Miscellaneous Provisions) Act 1989, to transfer all or any part of P’s material interest in the land to any other person, it must serve a demand notice on that person.

8

Where a collecting authority serves a demand notice on P under paragraph (6)(b), the charging authority may impose a surcharge equal to 20 per cent of the chargeable amount payable by P or £2500, whichever is the lower amount.

9

A demand notice served under paragraph (6) or (7) must comply with the requirements of regulation 69(2).

at its principal office, and

ii

at such other places within its area as it considers appropriate; and

c

send a copy of the notice to the collecting authority (if it is not the charging authority).

7

The date mentioned in paragraph (6)(a) must be no earlier than the period of 28 days beginning with the date on which the instalment policy came into effect.

Payment periodsF370

1

This regulation applies where—

a

a person has assumed liability to pay CIL in respect of a chargeable development (D);

b

the collecting authority has received a commencement notice in respect of D; and

c

the collecting authority has not determined a deemed commencement date for D.

2

The amount of CIL payable (A) to all charging authorities in respect of D is payable in accordance with the following paragraphs.

3

Where—

a

A is charged by both the Mayor of London and a London borough council F89or MDC; and

b

the London borough council F89or MDC has issued an instalment policy on or before the commencement date stated in the commencement notice received under paragraph (1)(b),

A is payable in accordance with that instalment policy.

the unpaid balance of A becomes payable in full immediately; and

b

the collecting authority must send a copy of any demand notice which it serves as a result of the non-payment to each person known to the authority as an owner of the relevant land.

Payment in fullI6771

1

The amount of CIL payable in respect of a chargeable development (D) is due in full on the intended commencement date if—

a

nobody has assumed liability to pay CIL in respect of D;

b

the collecting authority has received a commencement notice in respect of D; and

c

the collecting authority has not determined a deemed commencement date for D.

2

5

A charging authority must aim to ensure that acquired land is used for a relevant purpose.

6

A charging authority may not accept a land payment unless—

F23a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the acquired land is acquired by the charging authority or a person nominated by the charging authority (with that person’s agreement);

c

the person from whom the land will be acquired has assumed liability to pay CIL in respect of the chargeable development; and

d

an agreement to make the land payment is entered into before the chargeable development is commenced.

7

The agreement mentioned in paragraph (6)(d)—

a

must be in writing and state the value of the land to be acquired; and

b

may not form part of a planning obligation entered into under section 106 of TCPA 1990.

8

Where a person other than the charging authority is to acquire the land, the charging authority may not enter into the agreement mentioned in paragraph (6)(d) unless it is satisfied that the person acquiring the land intends to use it for a relevant purpose.

9

If acquired land is used for a purpose other than a relevant purpose, the charging authority must deem an appropriate cash amount held by it to be CIL.

10

The appropriate cash amount in respect of a given land payment must be calculated by applying the following formula—

\frac{N \times V}{A}

where—

N: the area of the part of the acquired land not used for a relevant purpose;
A: the area of the acquired land; and
V: the value of the acquired land as stated in the agreement entered into in accordance with paragraph (6)(d).

11

For the purposes of this regulation, the value of acquired land must be determined by an independent person and is the price that the land might reasonably be expected to obtain if sold on the open market on the day the valuation takes place.

12

The price referred to in paragraph (11) shall not be assumed to be reduced on the ground that the whole of the acquired land is to be placed on the open market at the same time.

13

For the purposes of this regulation, land is used for a relevant purpose if it is used to provide or facilitate (in any way) the provision of infrastructure to support the development of the charging authority’s area.

14

In this regulation—

“acquired land” means land acquired by way of a land payment;
“independent person” means a person who—
1. a
  is appointed by a person other than the charging authority with the agreement of—
  1. i
    the charging authority, and
  2. ii
    the person liable to pay CIL in respect of the chargeable development, and
2. b
  has appropriate qualifications and experience; and
“land” includes existing buildings and other structures, land covered with water, and any estate, interest, easement, servitude or right in or over land.

the CIL cash amount, and

ii

interest,

in money if the infrastructure is not provided by that date, or in accordance with an agreed extension to that date; and

c

must satisfy the requirements of paragraph (9).

9

The agreement mentioned in paragraph (7)(e) must ensure that by the time the CIL cash amount would be payable if it was being paid in money, an amount equal to the CIL cash amount must either—

a

have been used to provide the infrastructure; or

b

be subject to an arrangement so that—

i

it can only be used by P for the purposes of providing the infrastructure,

ii

P cannot use that amount as a means of securing additional funding or in any other way that would benefit P,

iii

any interest or other benefit received in relation to that amount from that date belong to the charging authority,

iv

any funds subject to the arrangement remaining once the infrastructure has been provided belong to the charging authority, and

v

if the CIL cash amount becomes payable in money, any funds subject to the arrangement are used for that purpose.

10

Where the infrastructure is to be provided to a person other than the charging authority, the charging authority may not enter into the agreement mentioned in paragraph (7)(e) unless it is satisfied that that person will use the infrastructure to support the development of the charging authority’s area.

11

For the purposes of this regulation, the value of the infrastructure provided must be determined by an independent person, and is the cost to P of providing that infrastructure (including related design costs) on the day the valuation takes place.

12

In this regulation—

a

“the CIL cash amount” means the CIL the infrastructure payment is accepted in satisfaction of;

b

“independent person” has the same meaning as in regulation 73(14) (payment in kind);

c

infrastructure is “provided to” a person if it is completed and ownership of it is transferred to that person;

d

“relevant infrastructure” has the same meaning as in regulation 123 (further limitations on the use of planning obligations); and

e

”relevant permission” means the planning permission which grants permission for the chargeable development mentioned in paragraph (2).

7

An agreement to make a land F188or infrastructure payment is void if, and to the extent that, it purports to bind a charging authority to accept a land F188or infrastructure payment other than in accordance with these Regulations.

F45Abatement F189: section 73 applications74A

1

This regulation applies where—

a

CIL has been paid in respect of a chargeable development;

b

a new planning permission is later granted in relation to that development under section 73 of TCPA 1990; and

c

the collecting authority has issued a new or revised liability notice in respect of that development because the chargeable amount has changed.

2

Where this regulation applies a person liable to pay CIL for that chargeable development may request that the charging authority credits the CIL already paid against the amount due under the new or revised liability notice.

3

To be valid a request under paragraph (2) must be accompanied by proof of the amount of CIL that has already been paid.

4

The charging authority must grant any valid request made under paragraph (2).

the amount to be credited against the CIL due in relation to B is greater than the amount due in relation to the first phase of B commenced after a request under this regulation has been granted,

the remainder must be credited against the next phase or phases of B until there is no remainder.

8

Paragraph (9) applies where—

a

a request under paragraph (2), which is a valid request, is made in respect of the amount due in relation to B;

b

a relevant building is completed under A after the valid request is made (whether the completion occurs before or after the chargeable development under B commences); and

c

a reduced amount of CIL is paid in relation to B as a result of the grant of the request under this regulation.

9

Where this paragraph applies the person who was granted the abatement under this regulation must pay to the collecting authority an amount equal to the amount of CIL paid in relation to that relevant building which was credited against the amount due in relation to B.

10

For the purposes of this regulation the amount payable under paragraph (9), if paid, is to be treated as CIL paid in relation to B.

11

Abatement may be granted more than once in relation to a planning permission.

12

Paragraph (13) applies where a request under paragraph (2) in respect of the amount due in relation to B is made within the period ending three years after the grant of A and that request is granted.

13

Where this paragraph applies, any parts of buildings which—

a

were demolished under A,

b

were taken into account in reducing the chargeable amount in relation to A through the operation of regulation 40,

c

would have been taken into account under regulation 40 in relation to B had they not been demolished, and

d

are not otherwise taken into account under regulation 40,

are to be taken into account under regulation 40 in relation to B as if they are parts of in-use buildings that are to be demolished before the completion of the chargeable development under B (or, if B is a phased permission, in relation to the first phase of B).

14

The difference between the amount paid in relation to A and amount due in relation to B after any abatement has been granted under this regulation is not to be treated as an overpayment for the purposes of regulation 75.

the overpayment is as the result of an application made under section 73 of TCPA 1990; and

b

the chargeable amount was calculated correctly in relation to that application and the chargeable development it was made in relation to.

Payments to charging authoritiesI7276

1

This regulation applies where a collecting authority collects CIL on behalf of a charging authority.

F622

The collecting authority must pay to a charging authority an amount (X) equal to the payments it receives (Y) in respect of CIL charged by that charging authority less—

a

that part of Y which (in accordance with regulation 61(4)) the collecting authority applies to administrative expenses incurred by it in connection with collecting Y; and

b

any overpayment (including interest) which the collecting authority has repaid under regulation 75.

3

Subject to paragraph (4), X must be paid to the charging authority by the collecting authority by the end of the financial quarter in which Y is received.

4

Where the collecting authority first collects CIL on behalf of the charging authority, X must be paid to the charging authority by the end of the first full financial quarter following the day on which the collecting authority first receives a payment of CIL charged by that charging authority.

5

In this regulation “financial quarter” means a period of three months ending with the last day of March, June, September or December.

Duty to supply information to collecting authorityI7377

1

The relevant person (where that person is not the collecting authority) must supply the collecting authority with the following information within 14 days of the day on which planning permission first permits a chargeable development—

a

sufficient information to identify the planning permission;

b

the name and address of the person who applied for the planning permission;

c

the name and address of each person known to the relevant person as an owner of the relevant land;

d

the address of the site to which the planning permission relates;

e

the date on which planning permission first permitted the chargeable development; and

f

any information held by the relevant person which the relevant person considers the collecting authority requires in order to calculate the chargeable amount.

2

In paragraph (1) “relevant person” means the person who granted planning permission.

3

This regulation does not apply where planning permission is granted by way of a general consent.

Requests for information by collecting authorityI7478

1

A collecting authority may request, by notice given in writing, a relevant person to supply to it such relevant information as is specified in the notice.

2

Information requested under paragraph (1) must be supplied by the person requested to supply it if it is in that person’s possession or control, and it must be so supplied within 21 days of the day on which the request is made.

3

A relevant person may, so far as that person does not have the power to do so apart from under this regulation, supply relevant information to a collecting authority even if it is not requested to supply the information.

4

Information is relevant information for the purposes of this regulation if it is information which the collecting authority requires for the purposes of carrying out its functions under these Regulations.

5

In this regulation “relevant person” means—

a

a charging authority;

b

a local planning authority (within the meaning of TCPA 1990); F42or

c

the F43Secretary of State.

F44d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Use of information by collecting authorityI7579

1

In carrying out its functions under these Regulations a collecting authority may use information obtained under any other enactment provided it does not fall within paragraph (2).

2

Information falls within this paragraph if—

a

it was obtained by a committee of the authority in its capacity as a police authority; or

b

it was obtained by the authority in its capacity as an employer.

PART 9ENFORCEMENT

CHAPTER 1SURCHARGES AND INTEREST

Surcharge for failure to assume liabilityI7680

A collecting authority may impose a surcharge of £50 on each person liable to pay CIL in respect of a chargeable development if—

a

nobody has assumed liability to pay CIL in respect of the chargeable development; and

b

the chargeable development has been commenced.

Surcharge: apportionment of liabilityI7781

1

Where a collecting authority is required to apportion liability to pay CIL between each material interest in the relevant land, it may impose a surcharge of £500 in respect of each of those interests.

2

A surcharge imposed in respect of a material interest under paragraph (1) is payable by the owner of that interest.

3

A surcharge is not payable under this regulation where the collecting authority is required to apportion a surcharge.

Surcharge for failure to submit a notice of chargeable developmentI7882

3

Where the disqualifying event occurs before commencement of the chargeable development, the surcharge is payable on commencement of that chargeable development.

4

In all other cases the surcharge is payable on the day that it is imposed.

5

Where the disqualifying event occurs in relation to a grant of social housing relief, the surcharge is payable by the relevant person within the meaning of regulation 53(10).

F1915A

Where the disqualifying event occurs in relation to an exemption for residential annexes, the surcharge is payable by the relevant person within the meaning of regulation 42C(6).

5B

Where the disqualifying event occurs in relation to an exemption for self-build housing, the surcharge is payable by the relevant person within the meaning of regulation 54D(8).

6

Where the disqualifying event occurs in relation to a grant of charitable relief, an owner of a material interest in the relevant land in respect of which charitable relief was granted must pay an appropriate portion of the surcharge.

7

The appropriate portion is an amount which bears to the total surcharge the same proportion as the value of the material interest bears to the total value of all the material interests in the relevant land in respect of which charitable relief was granted.

8

For the purposes of paragraph (7) the value of a material interest must be determined in accordance with paragraphs (4) and (5) of regulation 34.

9

Paragraphs (10) and (11) apply where the disqualifying event occurs in relation to a grant of relief for exceptional circumstances.

10

Where liability in respect of the chargeable development is apportioned between each material interest in the relevant land—

a

the surcharge must be apportioned on the same basis; and

b

the owner of a material interest must pay the part of the surcharge apportioned to that interest.

11

In all other cases the surcharge is payable by the person liable to pay CIL in respect of the chargeable development.

12

In this regulation “relevant authority” means—

a

where the disqualifying event occurs in relation to a grant of relief for exceptional circumstances, the charging authority;

b

in all other cases, the collecting authority.

Surcharge for late paymentI8185

1

Where—

a

a person (P) is liable to pay an amount (A) under these Regulations; and

b

A is not received in full after the end of the period of 30 days beginning with the day on which payment of A is due,

the collecting authority may impose a surcharge on P equal to five per cent of A or £200, whichever is the greater amount.

2

If any part of A is not received after the end of the period of six months beginning with the day on which payment of A is due, the collecting authority may impose a surcharge on P equal to five per cent of the unpaid amount or £200, whichever is the greater amount.

3

If any part of A is not received after the end of the period of 12 months beginning with the day on which payment of A is due, the collecting authority may impose a surcharge on P equal to five per cent of the unpaid amount or £200, whichever is the greater amount.

Surcharge for failure to comply with an information noticeI8286

1

This regulation applies where a person (P) fails to comply with any requirement of an information notice before the end of the period of 14 days beginning with the day on which the notice is served.

2

The collecting authority may impose a surcharge on P equal to 20 per cent of the relevant amount or £1000, whichever is the lower amount.

3

In paragraph (2) “relevant amount” means the amount of CIL P is liable to pay in respect of the chargeable development.

Late payment interestI8387

1

Where—

a

a person (P) is liable to pay an amount (A) under these Regulations; and

b

A is not received (in whole or in part) on the day payment of A is due,

P must pay interest (“late payment interest”) on the relevant amount.

2

Late payment interest must be calculated—

a

for the period starting on the day after the day payment was due and ending on the day the unpaid amount is received; and

b

at an annual rate of 2.5 percentage points above the Bank of England base rate.

3

Late payment interest is not payable on late payment interest.

4

Paragraph (2)(a) applies even if the day on which payment of A is due is a non-business day within the meaning of section 92 of the Bills of Exchange Act 188242 (computation of time).

5

In this regulation “relevant amount” means—

a

where A is an unpaid instalment (payable in accordance with regulation 70), the unpaid balance of the amount payable by P in respect of the chargeable development;

b

in all other cases the unpaid amount.

Surcharges and interest: generalI8488

e

state the period after which a CIL stop notice may be issued if the unpaid amount is not paid (which must not be less than three days or more than 28 days after the warning notice is issued); and

f

specify the effect of, and possible consequences of failure to comply with, a CIL stop notice43.

5

The collecting authority must display a copy of the warning notice on the relevant land.

The collecting authority must display a copy of the CIL stop notice on the relevant land.

7

A CIL stop notice does not prohibit any works on the relevant land which are necessary in the interests of health and safety.

8

A CIL stop notice has effect from the date specified in the notice until the date it is withdrawn by the collecting authority.

Withdrawal of a CIL stop noticeI8791

1

A collecting authority may withdraw a CIL stop notice at any time (without prejudice to its power to issue another) by serving written notice to that effect on the persons served with the CIL stop notice.

2

A collecting authority must withdraw a CIL stop notice when the unpaid amount stated in the notice is paid in full to the collecting authority.

3

A collecting authority which withdraws a CIL stop notice must display a notice of the withdrawal on the relevant land in place of the CIL stop notice.

4

A CIL stop notice ceases to have effect on the day the collecting authority serves notice of its withdrawal.

Registration of a CIL stop noticeI8892

1

The register kept under section 188 of TCPA 1990 (register of enforcement and stop notices) must, in addition to the information specified in subsection (1) of that section, include the following information in respect of every CIL stop notice issued in relation to land in the area of the authority maintaining the register—

a

the address of the land to which the notice relates or a plan by reference to which its location can be ascertained;

b

details of the relevant planning permission sufficient to enable it to be identified;

c

the name of the collecting authority;

d

the date of issue of the notice;

e

the date of service of the notice;

f

the date specified in the notice as the date on which it is to take effect; and

g

a statement or summary of the activity prohibited by the notice.

2

All entries relating to a CIL stop notice must be removed from the register if the notice is withdrawn or quashed.

3

Where a collecting authority which does not maintain a register issues a CIL stop notice it must—

a

supply the information specified in paragraph (1) to the authority which maintains the register for the land to which the notice relates; and

b

inform that authority in writing if the CIL stop notice is withdrawn or quashed.

4

The information specified in paragraph (1) must be entered in the register as soon as practicable and in any event before the end of the period of 14 days beginning with the day on which the CIL stop notice is issued.

on conviction on indictment, to a fine.

7

In determining the amount of the fine the court must have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence.

InjunctionsI9094

1

A collecting authority may apply to the court for an injunction if it considers it necessary or expedient for any actual or apprehended breach of a CIL stop notice to be restrained by injunction.

2

On an application under this regulation the court may grant such an injunction as the court thinks fit for the purpose of restraining the breach.

3

In this regulation “the court” means the High Court or a county court.

CHAPTER 3RECOVERY OF CIL

Interpretation and application of Chapter 3I9195

1

In this Chapter—

“authority concerned” means the collecting authority which applied for one or more liability orders against a debtor under regulation 97;
“charging order” means an order under regulation 103;
“debtor” means a person against whom a liability order has been made;
“liability order” means an order under regulation 97; and
“reminder notice” means a notice served under regulation 96.

2

An amount which has become payable to a collecting authority under these Regulations and which has not been paid is recoverable in accordance with this Chapter.

Liability orders: reminder noticeI9296

1

Before a collecting authority applies for a liability order it must serve on the person against whom the application is to be made a notice (“reminder notice”) which must state every amount in respect of which the authority is to make the application.

2

A reminder notice may be served in respect of an amount at any time after it has become due.

Application for liability orderI9397

1

Where the amount stated in a reminder notice is wholly or partly unpaid at the end of the period of seven days beginning with the day on which the reminder notice was served, the collecting authority may apply to a magistrates’ court for an order (“liability order”) against the person by whom it is payable.

2

An application is instituted by making a complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why the person has not paid the outstanding amount.

3

Section 127(1) of the Magistrates’ Courts Act 198044 (limitation of time) does not apply to such an application; but no application may be instituted in respect of an outstanding amount after the period of six years beginning with the day that amount became due.

4

Section 55(2) of the Magistrates’ Courts Act 1980 (non-appearance of defendant) does not apply to any proceedings under this regulation.

5

The court must make the liability order if it is satisfied that the amount has become payable by the defendant and has not been paid.

6

An order made pursuant to paragraph (5) must be made in respect of an amount equal to the aggregate of—

a

the outstanding amount; and

b

an amount equal to the costs reasonably incurred by the collecting authority in obtaining the order.

7

Where the outstanding amount is paid after an order has been applied for under paragraph (2) but before it has been made, the court must nonetheless (if so requested by the collecting authority) make the order in respect of an amount equal to the costs reasonably incurred by the authority in making the application.

8

A single liability order may deal with one person and one such amount as is mentioned in paragraph (6) and (7) or, if the court thinks fit, may deal with more than one person and more than one such amount.

9

No liability order may be made in pursuance of a summons issued under paragraph (2) before the end of the period of 14 days beginning with the day on which the summons was served.

10

The amount in respect of which a liability order is made is enforceable in accordance with this Chapter; and accordingly for the purposes of Part 3 of the Magistrates’ Court Act 1980 (satisfaction and enforcement) it is not to be treated as a sum adjudged to be paid by order of the court.

No person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress; but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.

12

The provisions of this regulation do not affect the operation of any enactment which protects goods of any class from distress.

Appeals in connection with distressI9599

1

A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates’ court.

2

The appeal must be instituted by making a complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved.

3

If the court is satisfied that a levy was irregular, it may—

a

order the goods distrained to be discharged if they are in the possession of the authority;

b

by order award compensation in respect of any goods distrained and sold.

4

The amount of compensation that may be awarded under paragraph (3)(b) is an amount equal to the amount which, in the opinion of the court, would be awarded by special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 98(11).

5

If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity.

after a term of imprisonment has been fixed and the issue of a warrant postponed, any amount the court has ordered the debtor to pay is paid or tendered to the authority; or

c

after a warrant has been issued, the amount stated in it is paid or tendered to the authority,

the authority must accept the amount concerned, take no further steps as regards its recovery, and the debtor, if committed to prison, must be released.

7

The amount referred to in paragraph (6)(a) is the aggregate of—

issue a summons to the debtor to appear before a magistrates’ court and (if the debtor does not obey the summons) issue a warrant for the debtor’s arrest; or

b

issue a warrant for the debtor’s arrest without issuing a summons.

6

A warrant issued under paragraph (5) may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within the constable’s police area.

Magistrates’ courtsI98102

1

A magistrates’ court must not under this Chapter hear a summons, entertain an application for a warrant or hold an inquiry as to means on such an application except when composed of at least two justices.

2

Paragraph (1) is subject to any enactment authorising a District Judge (Magistrates’ Courts) or other person to act alone.

3

References to a justice of the peace in regulations 97(2) and 99(2) must be construed subject to rule 2 of the Justices’ Clerks Rules 200548 (which authorises certain matters authorised to be done by a justice of the peace to be done by a justices’ clerk).

4

In any proceedings under regulations 97, 99 or 100, a statement contained in a document constituting or forming part of a record compiled by the applicant authority is admissible as evidence of any fact stated in it of which direct oral evidence would be admissible.

5

In paragraph (4) “statement” includes any representation of fact, whether made in words or otherwise; and the reference to an application under regulation 100 includes a reference to an application made in the circumstances mentioned in regulation 101(3).

Charging ordersI99103

1

An application to the appropriate court may be made under this regulation where—

a

a magistrates’ court has made one or more liability orders pursuant to regulation 97(5);

b

may, as the court thinks fit, be made absolutely or subject to conditions as to the time when the charge is to become enforceable or as to other matters.

the unpaid amount; and

b

any interest, surcharges and costs applied to the unpaid amount, or imposed on the deceased in respect of the unpaid amount,

and may deduct out of the assets and effects of the deceased any payments made (or to be made).

3

But liability of the executor or administrator does not arise until the service on that person of a notice requiring payment of the amounts referred to in paragraph (2).

4

Where before the deceased’s death an amount in excess of the deceased’s liability for CIL has been paid and has not been repaid under regulation 75, the deceased’s executor or administrator is entitled to the amount.

5

The liability of the executor or administrator under this regulation is a liability in the executor or administrator’s capacity as such.

6

Insofar as it is relevant to the executor’s or administrator’s liability under this regulation in the administration of the deceased’s estate, the executor or administrator may initiate, continue or withdraw an appeal under regulation 117, 118 or 119.

7

Any amount which an executor or administrator is liable to pay under this regulation may be recovered from the executor or administrator by the collecting authority in accordance with the provisions in Chapter 3 of this Part.

F4Power to require information108A

A collecting authority may require any owner of a material interest in any relevant land to provide it with such further information, documents or materials as the collecting authority considers relevant to assist it to ascertain whether a notice of chargeable development must be submitted under regulation 64(2).

Powers of entryI105109

1

A person authorised in writing by a collecting authority may at any reasonable hour enter the relevant land—

a

to ascertain whether a chargeable development has been commenced;

b

to determine whether any of the powers conferred on a collecting authority by this Part should be exercised in relation to a chargeable development or the relevant land;

c

to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to a chargeable development or the relevant land;

d

to display any notice required to be displayed on land in accordance with these Regulations; F25...

e

where a person has submitted a notice of chargeable development, for the purposes of gathering information required by the collecting authority in order for it to calculate the chargeable amount payable in respect of the chargeable development; F26or

F27f

where no notice of chargeable development has been submitted, for the purposes of gathering information required by the collecting authority in order for it to ascertain whether a notice of chargeable development must be submitted under regulation 64(2).

2

Paragraph (1) is subject to the following provisions of this regulation.

3

A person may not enter the relevant land for the purpose mentioned in paragraph (1)(e) unless the collecting authority has first requested the information referred to in that paragraph in accordance with regulation 64(8).

F283A

PART 10APPEALS

Interpretation of Part 10I108112

1

In this Part—

“appointed person” means—
1. a
  in the case of an appeal under regulation 114, F192115, 116, 116A or 116B—
  1. i
    a valuation officer appointed under section 61 of the Local Government Finance Act 198854, or
  2. ii
    a district valuer within the meaning of section 622 of the Housing Act 198555,
2. b
  in the case of an appeal under regulation 117 or 118, the Secretary of State or a person appointed by the Secretary of State, or
3. c
  in the case of an appeal under regulation 119, a person appointed by the Secretary of State;
F30“representations period” means, in any appeal under this Part, 14 days beginning with the date the acknowledgement of receipt is sent under regulation 120(3), or such longer period as the appointed person may in any particular case determine.
“review start date” means the date on which a collecting authority receives a request for review under regulation 113; and
“relevant development” means the chargeable development which is the subject of the review or appeal (as the case may be).

v

any person known to the collecting authority as an occupier of the relevant land, or

vi

any other person who the collecting authority considers may be materially affected by a CIL stop notice.

F196subject to paragraph (9A), once the relevant development has been commenced.

F1979A

A review may be requested after the relevant development has been commenced if planning permission was granted in relation to that development after it was commenced

10

A review under this regulation will lapse if F198it was requested before the relevant development was commenced and the relevant development is commenced before the collecting authority has notified the interested person of the decision of the review.

11

A person may not request a review under this regulation if a claim for relief has been submitted to the charging authority and the claim has not been withdrawn.

Chargeable amount: appealI110114

1

A person who has requested a review under regulation 113 and—

a

is aggrieved at the decision on the review; or

b

is not notified of the decision on the review within 14 days of the review start date,

may appeal to the appointed person on the ground that the revised chargeable amount or the original chargeable amount (as the case may be) has been calculated incorrectly.

2

An appeal under this regulation must be made before the end of the period of 60 days beginning with day on which the liability notice stating the original chargeable amount was issued.

3

F199Subject to paragraph (3A), a person may not appeal under this regulation if the relevant development has been commenced.

F2003A

A person may appeal under this regulation after the relevant development has been commenced if planning permission was granted in relation to that development after it was commenced.

4

An appeal under this regulation will lapse if F201it was made before the relevant development was commenced and the relevant development is commenced before the appointed person has notified the appellant of the decision on the appeal.

5

Only one appeal may be made under this regulation in respect of a given chargeable development.

6

Where an appeal under this regulation is allowed the appointed person must calculate a revised chargeable amount.

Apportionment of liability: appealI111115

1

An owner of a material interest in land (O) who is aggrieved at a decision of a collecting authority on the apportionment of liability with respect to that interest may appeal to the appointed person.

2

5

In this regulation “main dwelling” has the same meaning as in regulation 42A.

Exemption for self-build housing: appeal116B

1

An interested person who is aggrieved at the decision of a collecting authority to grant an exemption for self-build housing may appeal to the appointed person on the ground that the collecting authority has incorrectly determined the value of the exemption allowed.

2

3

An appeal under this regulation will lapse if the relevant development is commenced before the appointed person has notified the appellant of the decision on the appeal.

4

Where an appeal under this regulation is allowed the appointed person may amend the amount of exemption for self-build housing granted to the appellant.

Surcharge: appealI113117

1

a

correct any defect, error or misdescription in the CIL stop notice; or

b

vary the terms of the CIL stop notice,

if the appointed person is satisfied that the correction or variation will not cause injustice to the appellant or any of the interested parties.

5

Where an appeal under this regulation is allowed the appointed person may quash the CIL stop notice.

relate to planning permissions granted for development within the area of the charging authority; and

ii

which provide for the funding or provision of that project F207or provide for the funding or provision of that type of infrastructure,

have been entered into F35on or after 6th April 2010.

4

In this regulation—

F208“the 1980 Act” means the Highways Act 1980;
“charging authority” means the charging authority for the area in which the development will be situated;
F209“condition”, in relation to a planning permission, has the same meaning as in section 70(1)(a) of TCPA 1990;
“funding” in relation to the funding of infrastructure, means the provision of that infrastructure by way of funding;
“determination” means a determination—
1. a
  under section 70, F3673, 76A or 77 of TCPA 1990 of an application for planning permission F37..., or
2. b
  under section 79 of TCPA 1990 of an appeal F38...;
F210“highway agreement” means an agreement under section 278 of the 1980 Act;
“planning obligation” means a planning obligation under section 106 of TCPA 1990 and includes a proposed planning obligation but does not include a planning obligation that relates to or is connected with the funding or provision of scheduled works within the meaning of Schedule 1 to the Crossrail Act 2008;
“relevant determination” means—
1. a
  in relation to paragraph (2), a determination made on or after the date when the charging authority’s first charging schedule takes effect, and
2. b
  in relation to paragraph (3), a determination made on or after F2116th April 2015 or the date when the charging authority’s first charging schedule takes effect, whichever is earlier; and
“relevant infrastructure” means—
1. a
  F212where a charging authority has published on its website a list of infrastructure projects or types of infrastructure that it intends will be, or may be, wholly or partly funded by CIL (other than CIL to which regulation 59E or 59F applies), those infrastructure projects or those types of infrastructure;
2. b
  except where paragraph (c) applies, where no such list has been published, any infrastructure; or
3. c
  in relation to any planning obligation requiring a highway agreement to be entered into or condition falling within paragraph (2A), where no such list has been published, no infrastructure.

PART 12MISCELLANEOUS AND TRANSITIONAL PROVISIONS

b

by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address;

c

by sending it by post, addressed to that person at that person’s usual or last known place of abode or, in the case where an address for service has been given by that person, at that address;

d

by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at that person’s usual or last known place of abode or, in a case where an address for service has been given that person, at that address;

e

in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in paragraph (2), to that person at that address; or

f

in the case of an incorporated company or body—

i

by delivering it to the secretary or clerk of the company or body at their registered or principal office,

ii

by sending it by post, addressed to the secretary or clerk of the company or body at that office, or

iii

by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

2

The condition mentioned in paragraph (1)(e) is that the notice or other document must be—

a

capable of being accessed by the person mentioned in that provision;

b

legible in all material respects; and

c

in a form sufficiently permanent to be used for subsequent reference.

3

For the purposes of paragraph (2), “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, submitted, given or supplied by means of a notice or document in printed form.

4

Where a notice or document sent by electronic communications is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday, Bank holiday or other public holiday.

5

A requirement in these Regulations that any notice, or other document should be in writing is fulfilled where that notice or document fulfils the condition mentioned in paragraph (2), and “written” and cognate expressions must be construed accordingly.

6

This regulation is without prejudice to section 233 of the Local Government Act 197261 (general provisions as to service of notices by local authorities).

7

Where two or more persons are joint owners of an interest in land, a requirement under these Regulations to serve a notice or other document on an owner of that interest is fulfilled by serving it on any one of the joint owners.

8

This regulation is subject to any contrary provision made by these Regulations.

Service of documents on the Crown and ParliamentI123127

1

Any notice or other document required under these Regulations to be served on or given or sent to the Crown must be served on or given or sent to the appropriate Crown authority.

2

Regulation 126 does not apply for the purposes of the service, giving or sending of such a notice or document.

3

In this regulation “appropriate Crown authority” has the same meaning as in section 227 of PA 2008.

Transitional provision: generalI124128

1

Subject to paragraph (2), liability to CIL does not arise in respect of development if, on the day planning permission is granted for that development, it is situated in an area in which no charging schedule is in effect.

2

Where planning permission is granted for development by way of a relevant general consent, liability to CIL does not arise in respect of that development if—

a

it is commenced before 6th April 2013; or

b

on the day on which it is commenced it is situated in an area in which no charging schedule is in effect.

3

In paragraph (2) “relevant general consent” means—

a

a development order made under section 59 of TCPA 1990;

b

a local development order adopted under section 61A of TCPA 1990; or

c

an enterprise zone scheme adopted under Schedule 32 to the Local Government, Planning and Land Act 1980.

F46Transitional provision: section 73 of TCPA 1990 applications128A

1

Where all the criteria set out in paragraph (2) are satisfied by a development, paragraphs (3) to (6) shall apply.

2

The criteria are—

a

on the day planning permission (A) is granted in relation to the development, the development is situated in an area in which a charging authority has no charging schedule in effect;

b

a new planning permission (B) is later granted in relation to the development under section 73 of TCPA 1990; and

c

on the day B is granted, the development is situated in an area in which that charging authority has a charging schedule in effect.

3

Liability to CIL shall arise in respect of the development, and the amount of CIL payable (“chargeable amount”) shall be—

where—

X: the chargeable amount for the development for which B was granted, calculated in accordance with regulation 40; and

Y: the amount, calculated in accordance with regulation 40, that would have been the chargeable amount for the development for which A was granted, if A first permitted development on the same day as B.

F2134

For the purpose of calculating Y, for the definition of “relevant charging schedules” in regulation 40(11) substitute—

relevant charging schedules” means the charging schedules which are in effect—
i
at the time B was granted, and
ii
in the area in which the development will be situated;

5

If Y is greater than or equal to X, the chargeable amount is deemed to be zero.

6

Part 11 of these Regulations (planning obligations) shall not apply in relation to that development.

F47Transitional provision: article 18(1) of DMPO applications128B

1

In this regulation “DMPO” means the Town and Country Planning (Development Management Procedure) (England) Order 2010.

2

Where all the criteria set out in paragraph (3) are satisfied, paragraph (4) shall apply.

3

The criteria are—

a

on the day planning permission (A) is granted in relation to a development, the development is situated in an area in which a charging authority has no charging schedule in place;

b

a new planning permission (B) is later granted in relation to the development;

c

B is granted in accordance with regulation 18(1)(b) or (c) of DMPO (consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit); and

d

on the day B is granted, the development is situated in an area in which that charging authority has a charging schedule in effect.

4

Other than this regulation these Regulations shall not apply in relation to that development.

Transitional provision: charging schedule ceases to have effectI125129

1

This regulation applies where a charging authority determines (in accordance with section 214(3) of PA 2008) that its charging schedule shall cease to have effect.

2

A person who would otherwise be liable on commencement of a chargeable development to pay an amount of CIL charged by that authority in respect of that chargeable development will not be liable to pay that amount if the chargeable development is not commenced on or before the day on which the charging authority makes the determination referred to in paragraph (1).

Signed by authority of the Secretary of State for Communities and Local Government

Ian AustinParliamentary Under Secretary of StateDepartment for Communities and Local Government

We consent

Bob BlizzardTony CunninghamTwo of the Lords Commissioners of Her Majesty’s Treasury