# The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019, Regulation 7: Section 73 permissions: carry over of relief and instalments


(1) After regulation 58, within Part 6 of the Regulations, insert—
“Carry over of relief in relation to certain section 73 permissions
58ZA. (1) Where—
(a) any relevant relief has been granted in relation to a development (D);
(b) planning permission (B) is later granted under section 73 of TCPA 1990 in respect of that development; and
(c) the amount of the relevant relief calculated in accordance with this Part of the Regulations that the development is eligible for has not changed as a result of B,
anything done in relation to an application for the relevant relief made in relation to D is to be treated as if it was done in relation to the development that B relates to.
(2) In this regulation “relevant relief” means—
(a) an exemption for residential annexes or extensions;
(b) an exemption for self-build housing;
(c) charitable relief;
(d) social housing relief.”.
(2) In regulation 70 after paragraph (8) insert—
“(9) Where—
(a) the amount of CIL in respect of a chargeable development which is granted planning permission is payable in accordance with an instalment policy; and
(b) a new planning permission (B) is later granted in relation to the development under section 73 of TCPA 1990,
then the amount of CIL in respect of the development granted by B is payable in accordance with that instalment policy.”.

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Source: https://www.legislation.gov.uk/ukdsi/2019/9780111187449/regulation/7 (the official version)
Page: https://openlegislation.uk/draft-community-infrastructure-levy-amendment-england-no-2-regulations-2019/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

