The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019

Charging schedules: consultation etc.

3.—(1) In regulation 11(1) in the definition of “consultation bodies” for “regulation 15” substitute “regulation 16”.

(2) In regulation 14(4) for “preliminary draft charging schedule in accordance with regulation 15” substitute “draft charging schedule in accordance with regulation 16”.

(3) Omit regulation 15.

(4) In regulation 16—

(a) in paragraph (1)—

(i) at the end of sub-paragraph (c) for “; and” substitute a full stop;

(ii) omit sub-paragraph (d);

(b) after paragraph (1) insert—

“(1A) The charging authority must invite representations on the draft charging schedule from such of the following as the authority considers appropriate—

(a) persons who are resident or carrying on business in its area;

(b) voluntary bodies some or all of whose activities benefit the charging authority’s area; and

(c) bodies which represent the interests of persons carrying on business in the charging authority’s area.”;

(c) in paragraph (2) after “In this regulation” insert—

“—

“consultation bodies” means—

(a)

each of the following whose area is in or adjoins the charging authority’s area—

(i)

a local planning authority within the meaning of section 37 of PCPA 2004;

(ii)

a local planning authority within the meaning of section 78 of PCPA 2004;

(iii)

a county council;

(b)

each parish council or neighbourhood forum whose area is in the charging authority’s area;

(c)

the Mayor if the charging authority is a London borough council;

(d)

any other person exercising the functions of a local planning authority (within the meaning of TCPA 1990) for an area within, or which adjoins, the charging authority’s area;

“neighbourhood forum” means an organisation or body designated as such under section 61F(3) of TCPA 1990(1);”.

(5) In regulation 17—

(a) omit paragraph (3);

(b) after paragraph (4) insert—

“(5) The charging authority must take into account any representations made to it under this regulation before submitting a draft charging schedule for examination in accordance with section 212 of PA 2008.”.

(6) In regulation 18 omit sub-paragraph (b).

(7) In regulation 19—

(a) in paragraph (1)(b)(i) after “raised by the representations,” insert “and a summary of how the representations received were taken into account,”; and

(b) in paragraph (4) for “regulation 15” substitute “regulation 16”.

(8) In regulation 21(8)—

(a) at the end of sub-paragraph (b) for “; and” substitute a full stop;

(b) omit sub-paragraph (c).

(9) In regulation 25 omit sub-paragraph (c).

(10) In regulation 26(5)(e) omit paragraph (i).

(1)

Section 61F was inserted into the Town and Country Planning Act 1990 by paragraph 2 of Schedule 9 to the Localism Act 2011 (c. 20).