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The Community Infrastructure Levy Regulations 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111492390

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the House of Commons under section 222(2)(b) of the Planning Act 2008, for approval by resolution of that House.

Community Infrastructure Levy, England And Wales

Made ***

Coming into force 6th April 2010

A draft of these Regulations has been laid before the House of Commons in accordance with section 222(2)(b) of the Planning Act 2008f1 and approved by resolution of that House.

Accordingly, the Secretary of State in exercise of the powers conferred by sections 205(1) and (2), 208(2)(b), (4), (5), (7) and (8), 209(2)(a), (3) to (6) and (8), 210(1) to (3) and (5), 211(2) and (3) to (7), 212(9) and (10), 213(4), 214(2), 215(1) to (3), 216(1), (3), (4), (6) and (7), 217(1) to (7), 218(1) to (3), (4)(a) and (b), (4)(d) to (k) and (5) to (11), 220(1), (2)(a) to (s) and (3)(a) to (c), 222(1) and 223(1)(a), (2) and (4) of the Planning Act 2008, and with the consent of the Treasury, makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2008 c. 29.

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Community Infrastructure Levy
  5. Part 2: DEFINITION OF KEY TERMS
  6. 4Meaning of “owner” and “material interest”
  7. 5Meaning of “planning permission”
  8. 6Meaning of “development”
  9. 7Commencement of development
  10. 8Time at which planning permission first permits development
  11. 9Meaning of “chargeable development”
  12. 10Meaning of “collecting authority”
  13. Part 3: CHARGING SCHEDULES
  14. 11Interpretation and application of Part 3
  15. 12Format and content of charging schedules
  16. 13Differential rates
  17. 14Setting rates
  18. 15Consultation on a preliminary draft charging schedule
  19. 16Publication of a draft charging schedule
  20. 17Representations relating to a draft charging schedule
  21. 18Withdrawal of a draft charging schedule
  22. 19Submission of documents and information to the examiner
  23. 20Consideration of representations by examiner
  24. 21CIL examination: right to be heard
  25. 22Joint examinations
  26. 23Publication of the examiner’s recommendations
  27. 24Correction of errors in examiner’s recommendations
  28. 25Approval and publication of a charging schedule
  29. 26Correction of errors in a charging schedule
  30. 27Effect of correction of a charging schedule
  31. 28Charging schedule: effect
  32. 29Payment of fees and expenses of independent persons
  33. 30Recovery of costs incurred by the Secretary of State
  34. Part 4: LIABILITY
  35. 31Assumption of liability
  36. 32Transfer of assumed liability
  37. 33Default liability
  38. 34Apportionment of liability
  39. 35Apportionment of liability: information notice
  40. 36Default of liability
  41. 37Joint liability
  42. 38Interests held on trust
  43. 39Effect of death on assumed liability
  44. Part 5: CHARGEABLE AMOUNT
  45. 40Calculation of chargeable amount
  46. Part 6: EXEMPTIONS AND RELIEF
  47. 41Interpretation of Part 6
  48. 42Exemption for minor development
  49. 43Exemption for charities
  50. 44Discretionary charitable relief: investment activities
  51. 45Other discretionary charitable relief
  52. 46Discretionary charitable relief: notification requirements
  53. 47Charitable relief: procedure
  54. 48Withdrawal of charitable relief
  55. 49Social housing relief
  56. 50Social housing relief: qualifying amount
  57. 51Social housing relief: procedure
  58. 52Social housing relief: disposal of land before occupation
  59. 53Withdrawal of social housing relief
  60. 54Social housing relief: information notice
  61. 55Discretionary relief for exceptional circumstances
  62. 56Exceptional circumstances: notification requirements
  63. 57Exceptional circumstances: procedure
  64. 58Exceptional circumstances: procedure in London
  65. Part 7: APPLICATION OF CIL
  66. 59Application to infrastructure
  67. 60Reimbursement of expenditure incurred and repayment of loans
  68. 61Administrative expenses
  69. 62Reporting
  70. 63Infrastructure: amendment to section 216 of the Planning Act 2008
  71. Part 8: ADMINISTRATION
  72. 64Notice of chargeable development
  73. 65Liability notice
  74. 66Local land charges
  75. 67Commencement notice
  76. 68Deemed commencement of chargeable development
  77. 69Demand notice
  78. 70Payment periods
  79. 71Payment in full
  80. 72Payment: general
  81. 73Payment in kind
  82. 74Payment in kind: further provision
  83. 75Overpayment
  84. 76Payments to charging authorities
  85. 77Duty to supply information to collecting authority
  86. 78Requests for information by collecting authority
  87. 79Use of information by collecting authority
  88. Part 9: ENFORCEMENT
  89. Chapter 1: SURCHARGES AND INTEREST
  90. 80Surcharge for failure to assume liability
  91. 81Surcharge: apportionment of liability
  92. 82Surcharge for failure to submit a notice of chargeable development
  93. 83Surcharge for failure to submit a commencement notice
  94. 84Surcharge: disqualifying events
  95. 85Surcharge for late payment
  96. 86Surcharge for failure to comply with an information notice
  97. 87Late payment interest
  98. 88Surcharges and interest: general
  99. Chapter 2: CIL STOP NOTICES
  100. 89Preliminary steps
  101. 90Service of CIL stop notice
  102. 91Withdrawal of a CIL stop notice
  103. 92Registration of a CIL stop notice
  104. 93Offence
  105. 94Injunctions
  106. Chapter 3: RECOVERY OF CIL
  107. 95Interpretation and application of Chapter 3
  108. 96Liability orders: reminder notice
  109. 97Application for liability order
  110. 98Distress
  111. 99Appeals in connection with distress
  112. 100Commitment to prison
  113. 101Commitment to prison: further provision
  114. 102Magistrates’ courts
  115. 103Charging orders
  116. 104Charging orders: further provision
  117. 105Insolvency
  118. 106Recovery in a court of competent jurisdiction
  119. 107Enforcement of local land charges
  120. Chapter 4: OTHER ENFORCEMENT PROVISIONS
  121. 108Outstanding liabilities on death
  122. 109Powers of entry
  123. 110Offence for supplying false information
  124. 111Prosecution of CIL offences
  125. Part 10: APPEALS
  126. 112Interpretation of Part 10
  127. 113Review of chargeable amount
  128. 114Chargeable amount: appeal
  129. 115Apportionment of liability: appeal
  130. 116Charitable relief: appeal
  131. 117Surcharge: appeal
  132. 118Deemed commencement
  133. 119CIL stop notices
  134. 120Appeal procedure
  135. 121Costs
  136. Part 11: PLANNING OBLIGATIONS
  137. 122Limitation on use of planning obligations
  138. 123Further limitations on use of planning obligations
  139. Part 12: MISCELLANEOUS AND TRANSITIONAL PROVISIONS
  140. 124Payment of CIL by the Crown
  141. 125Enforcement in relation to the Crown and Parliament
  142. 126Service of documents: general
  143. 127Service of documents on the Crown and Parliament
  144. 128Transitional provision: general
  145. 129Transitional provision: charging schedule ceases to have effect
  146. Signature
  147. Explanatory note