Regulation 55 Discretionary relief for exceptional circumstancesI1

England and Wales

(1)

A charging authority may grant relief (“relief for exceptional circumstances”) from liability to pay CIL in respect of a chargeable development (D) if—

(a)

it appears to the charging authority that there are exceptional circumstances which justify doing so; and

(b)

the charging authority considers it expedient to do so.

(2)

Paragraph (1) is subject to the following provisions of this regulation.

(3)

A charging authority may only grant relief for exceptional circumstances if—

(a)

it has made relief for exceptional circumstances available in its area;

(b)

a planning obligation under section 106 of TCPA 1990^f1 has been entered into in respect of the planning permission which permits D; and

(c)

the charging authority—

F1(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

considers that to require payment of the CIL charged by it in respect of D would have an unacceptable impact on the economic viability of D, F2...

(iii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

The Mayor may not grant relief for exceptional circumstances in respect of a chargeable development unless a claim for that relief is referred to the Mayor by a London borough council F3or MDC in accordance with regulation 58(3).

Annotations

Textual amendments

F1: Reg. 55(3)(c)(i) omitted (24.2.2014) by virtue of The Community Infrastructure Levy (Amendment) Regulations 2014 (S.I. 2014/385), regs. 1, 7(11)
F2: Reg. 55(3)(c)(iii) and word omitted (31.12.2020) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(2), Sch. 2 para. 11(14) (with Sch. 3)
F3: Words in reg. 55(4) inserted (25.4.2013) by The Community Infrastructure Levy (Amendment) Regulations 2013 (S.I. 2013/982), regs. 1, 7(1)

Commencement

I1: Reg. 55 in force at 6.4.2010, see reg. 1

Footnotes

f1: Section 106 was substituted by section 12 of the Planning and Compensation Act 1991 and amended by section 33 of the Greater London Authority Act 2007 (c. 24) and section 174 of the Planning Act 2008.