14.—(1) In setting rates (including differential rates) in a charging schedule, a charging authority must F1... strike F1... an appropriate balance between—
(a)the desirability of funding from CIL (in whole or in part) the actual and expected estimated total cost of infrastructure required to support the development of its area, taking into account other actual and expected sources of funding; and
(b)the potential effects (taken as a whole) of the imposition of CIL on the economic viability of development across its area.
(2) In setting rates in a charging schedule, a charging authority may also have regard to actual and expected administrative expenses in connection with CIL to the extent that those expenses can be funded from CIL in accordance with regulation 61.
(3) In having regard to the potential effects of the imposition of CIL on the economic viability of development (in accordance with paragraph (1)(b)), a London borough council [F2or MDC] must take into account the rates set by the Mayor.
(4) For the purposes of paragraph (3), the rates set by the Mayor are the rates in the most recent charging schedule approved by the Mayor before the London borough council [F3or MDC] begins consultation on its [F4preliminary draft charging schedule in accordance with regulation 15] [F4draft charging schedule in accordance with regulation 16].
[F5(5) 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.]
Textual Amendments
F1Words in reg. 14(1) omitted (24.2.2014) by virtue of The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 5(3)(a) (with reg. 14(2)(7))
F2Words in reg. 14(3) inserted (25.4.2013) by The Community Infrastructure Levy (Amendment) Regulations 2013 (S.I. 2013/982), regs. 1, 6(2)
F3Words in reg. 14(4) inserted (25.4.2013) by The Community Infrastructure Levy (Amendment) Regulations 2013 (S.I. 2013/982), regs. 1, 6(2)
F4Words in reg. 14(4) substituted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(2) (with reg. 13)
F5Reg. 14(5) inserted (24.2.2014) by The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 5(3)(b) (with reg. 14(2)(7))
Commencement Information
I1Reg. 14 in force at 6.4.2010, see reg. 1