PART 12MISCELLANEOUS AND TRANSITIONAL PROVISIONS

F1Transitional provision: section 73 of TCPA 1990 applicationsF3128A

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.

F24

For the purposes of calculating Y, regulation 40 applies as if—

a

the index figure (Ip) for A were the index figure for the year in which B was granted;

b

a reference to a relevant charging schedule were a reference to the charging schedule which was in effect—

i

at the time B first permits development; 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.