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Regulation 5 Amendment to Part 5 – chargeable amountI1

England and Wales

In regulation 40 (calculation of chargeable amount) for paragraph (6) substitute—

“(6)

The value of A in paragraph (5) must be calculated by applying the following formula—

G R − K R −( G R ×E G )

where—

G
  • the gross internal area of the chargeable development;

  • GR
  • the gross internal area of the part of the development chargeable at rate R;

  • E
  • an amount equal to the aggregate of the gross internal areas of all buildings which—

    1. (a)

      on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use; and

    2. (b)

      are to be demolished before completion of the chargeable development; and

  • KR
  • an amount equal to the aggregate of the gross internal area of all buildings (excluding any new build) on completion of the chargeable development which—

    1. (a)

      on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use;

    2. (b)

      will be part of the chargeable development upon completion; and

    3. (c)

      will be chargeable at rate R.”

  • Annotations

    Commencement

    I1

    Reg. 5 in force at 29.11.2012, see reg. 1