The Community Infrastructure Levy Regulations 2010

Payment periods E+W

[F1 70.— (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 [F2 or MDC]; and

(b) the London borough council [F2 or 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.

(4) Where—

(a) A is charged by both the Mayor of London and a London borough council [F2 or MDC];

(b) the London borough council [F2 or MDC] has not issued an instalment policy on or before the commencement date stated in the commencement notice received under paragraph (1)(b); and

(c) the Mayor of London 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 the Mayor’s instalment policy.

(5) Where—

(a) A is charged by a London borough council [F2 or MDC] but not by the Mayor of London; and

(b) the London borough council [F2 or 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.

[F3 (5A) Where—

(a) A is charged by the Mayor of London but not by a London borough council [F2 or MDC]; and

(b) the Mayor 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.]

(6) Where—

(a) A is charged by a charging authority other than the Mayor of London or a London borough council [F2 or MDC]; and

(b) the charging authority 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.

(7) In all other cases, A is payable in full at the end of the period of 60 days beginning with the intended commencement date of D.

(8) Where an amount payable in accordance with this regulation is not received in full on or before the day on which it is due—

(a) 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.]

[F4 (9) Where—

(a) the amount of CIL in respect of a chargeable development which is granted planning permission is payable in accordance with an instalment policy; and

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

then the amount of CIL in respect of the development granted by B is payable in accordance with that instalment policy.]

Textual Amendments

F1 Regs. 69B, 70 substituted for reg. 70 (6.4.2011) by The Community Infrastructure Levy (Amendment) Regulations 2011 (S.I. 2011/987), regs. 1, 9(11)

F2 Words in reg. 70(3)-(6) inserted (25.4.2013) by The Community Infrastructure Levy (Amendment) Regulations 2013 (S.I. 2013/982), regs. 1, 9(2)

F3 Reg. 70(5A) inserted (29.11.2012) by The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 8(2) (with reg. 10(3)-(5))

F4 Reg. 70(9) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 7(2) (with regs. 1(4), 13)