# The Community Infrastructure Levy Regulations 2010, Regulation 55: Discretionary relief for exceptional circumstances

Extent: E+W

(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 has been entered into in respect of the planning permission which permits D; and
(c) the charging authority—
(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, ...
(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 or MDC in accordance with regulation 58(3).

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Source: https://www.legislation.gov.uk/uksi/2010/948/regulation/55 (the official version)
Page: https://openlegislation.uk/community-infrastructure-levy-regulations-2010/regulation-55
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.