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Paragraph 5 Amount of CIL payable: section 73 permissions which reduce liabilityF1

(1)

Where sub-paragraph (c) of paragraph 3(1) applies in relation to a chargeable development, this paragraph applies for determining the amount of CIL payable in respect of the development.

(2)

The amount of CIL payable in respect of the development shall be the chargeable amount for the development minus the relief amount where—

(a)

the chargeable amount for the development is—

(X−Y)+Z
(b)

the relief amount is—

(Rx−Ry)+Rz

and—

  • X = the chargeable amount for the development for which B was granted, calculated in accordance with paragraph 1 (as modified by sub-paragraph (3));

  • Rx = the amount of any applicable relief in relation to the development for which B was granted under Part 6 of these Regulations (as modified by sub-paragraph (4));

  • Y = the chargeable amount for the development for which A was granted, calculated in accordance with paragraph 1 (as modified by sub-paragraph (5));

  • Ry = the amount of any applicable relief in relation to the development for which A was granted under Part 6 of these Regulations (as modified by sub-paragraph (6));

  • Z = the chargeable amount for the development for which A was granted calculated in accordance with paragraph 1 (as shown in the most recent CIL notice in relation to A);

  • Rz = the amount of any applicable relief in relation to the development for which A was granted under Part 6 of these Regulations.

(3)

For the purposes of calculating X, paragraph 1 applies as if—

(a)

B first permits development on the same day as the first planning permission (O);

(b)

IP for B were the index figure for the calendar year in which O was granted;

(c)

a reference to a relevant charging schedule were a reference to the charging schedule of the charging authority which was in effect—

(i)

at the time O first permits development; and

(ii)

in the area in which the development will be situated.

(4)

For the purposes of calculating Rx—

(a)

regulation 50 and paragraph 6 apply with the modifications set out in paragraphs (a) to (c) of sub-paragraph (3);

(b)

for the purposes of calculating a withdrawn amount under regulation 53(4), regulation 53(5) applies as if for “in accordance with regulation 50 and paragraph 6 of Schedule 1” there were substituted “in accordance with regulation 50 and paragraph 6 of Schedule 1 as modified by paragraph 5(4)(a) of that Schedule”.

(5)

For the purposes of calculating Y, paragraph 1 applies as if—

(a)

A first permits development on the same day as the first planning permission (O);

(b)

IP for A were the index figure for the calendar year in which O was granted;

(c)

a reference to a relevant charging schedule were a reference to the charging schedule of the charging authority which was in effect—

(i)

at the time O first permits development; and

(ii)

in the area in which the development will be situated.

(6)

For the purposes of calculating Ry—

(a)

regulation 50 and paragraph 6 apply with the modifications set out in paragraphs (a) to (c) of sub-paragraph (5);

(b)

for the purposes of calculating a withdrawn amount under regulation 53(4), regulation 53(5) applies as if for “in accordance with regulation 50 and paragraph 6 of Schedule 1” there were substituted “in accordance with regulation 50 and paragraph 6 of Schedule 1 as modified by paragraph 5(6)(a) of that Schedule”.

(7)

In this paragraph—

  • “A” and “B” have the same meaning as in paragraph 3;

  • “applicable relief” means—

    1. (a)

      in relation to A, any relief which, at the time the development for which A is granted is commenced or the time any calculation under this paragraph is carried out (whichever is earlier),

    2. (b)

      in relation to B, any relief (including any relief carried over under regulation 58ZA) which, at the time any calculation under this paragraph is carried out,

    has been granted in relation to the development by the collecting authority in accordance with Part 6 of these Regulations (as modified by this paragraph) and not withdrawn;

  • “CIL notice” means a liability notice or revised liability notice;

  • “first planning permission” means the first planning permission granted in relation to the development ignoring any planning permission granted under section 73 of TCPA 1990.

(8)

This paragraph does not apply in relation to a development to which paragraph 7 or 8 applies.

Annotations

Textual amendments

F1

Sch. 1 inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), reg. 1, Sch. 1 (with regs. 1(3), 13)