The Community Infrastructure Levy Regulations 2010
Draft 2010, ISBN 9780111492390
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
Contents
- Part 1: INTRODUCTORY
- 1Citation and commencement
- 2Interpretation
- 3Community Infrastructure Levy
- Part 2: DEFINITION OF KEY TERMS
- 4Meaning of “owner” and “material interest”
- 5Meaning of “planning permission”
- 6Meaning of “development”
- 7Commencement of development
- 8Time at which planning permission first permits development
- 9Meaning of “chargeable development”
- 10Meaning of “collecting authority”
- Part 3: CHARGING SCHEDULES
- 11Interpretation and application of Part 3
- 12Format and content of charging schedules
- 13Differential rates
- 14Setting rates
- 15Consultation on a preliminary draft charging schedule
- 16Publication of a draft charging schedule
- 17Representations relating to a draft charging schedule
- 18Withdrawal of a draft charging schedule
- 19Submission of documents and information to the examiner
- 20Consideration of representations by examiner
- 21CIL examination: right to be heard
- 22Joint examinations
- 23Publication of the examiner’s recommendations
- 24Correction of errors in examiner’s recommendations
- 25Approval and publication of a charging schedule
- 26Correction of errors in a charging schedule
- 27Effect of correction of a charging schedule
- 28Charging schedule: effect
- 29Payment of fees and expenses of independent persons
- 30Recovery of costs incurred by the Secretary of State
- Part 4: LIABILITY
- 31Assumption of liability
- 32Transfer of assumed liability
- 33Default liability
- 34Apportionment of liability
- 35Apportionment of liability: information notice
- 36Default of liability
- 37Joint liability
- 38Interests held on trust
- 39Effect of death on assumed liability
- Part 5: CHARGEABLE AMOUNT
- 40Calculation of chargeable amount
- Part 6: EXEMPTIONS AND RELIEF
- 41Interpretation of Part 6
- 42Exemption for minor development
- 43Exemption for charities
- 44Discretionary charitable relief: investment activities
- 45Other discretionary charitable relief
- 46Discretionary charitable relief: notification requirements
- 47Charitable relief: procedure
- 48Withdrawal of charitable relief
- 49Social housing relief
- 50Social housing relief: qualifying amount
- 51Social housing relief: procedure
- 52Social housing relief: disposal of land before occupation
- 53Withdrawal of social housing relief
- 54Social housing relief: information notice
- 55Discretionary relief for exceptional circumstances
- 56Exceptional circumstances: notification requirements
- 57Exceptional circumstances: procedure
- 58Exceptional circumstances: procedure in London
- Part 7: APPLICATION OF CIL
- 59Application to infrastructure
- 60Reimbursement of expenditure incurred and repayment of loans
- 61Administrative expenses
- 62Reporting
- 63Infrastructure: amendment to section 216 of the Planning Act 2008
- Part 8: ADMINISTRATION
- 64Notice of chargeable development
- 65Liability notice
- 66Local land charges
- 67Commencement notice
- 68Deemed commencement of chargeable development
- 69Demand notice
- 70Payment periods
- 71Payment in full
- 72Payment: general
- 73Payment in kind
- 74Payment in kind: further provision
- 75Overpayment
- 76Payments to charging authorities
- 77Duty to supply information to collecting authority
- 78Requests for information by collecting authority
- 79Use of information by collecting authority
- Part 9: ENFORCEMENT
- Chapter 1: SURCHARGES AND INTEREST
- 80Surcharge for failure to assume liability
- 81Surcharge: apportionment of liability
- 82Surcharge for failure to submit a notice of chargeable development
- 83Surcharge for failure to submit a commencement notice
- 84Surcharge: disqualifying events
- 85Surcharge for late payment
- 86Surcharge for failure to comply with an information notice
- 87Late payment interest
- 88Surcharges and interest: general
- Chapter 2: CIL STOP NOTICES
- 89Preliminary steps
- 90Service of CIL stop notice
- 91Withdrawal of a CIL stop notice
- 92Registration of a CIL stop notice
- 93Offence
- 94Injunctions
- Chapter 3: RECOVERY OF CIL
- 95Interpretation and application of Chapter 3
- 96Liability orders: reminder notice
- 97Application for liability order
- 98Distress
- 99Appeals in connection with distress
- 100Commitment to prison
- 101Commitment to prison: further provision
- 102Magistrates’ courts
- 103Charging orders
- 104Charging orders: further provision
- 105Insolvency
- 106Recovery in a court of competent jurisdiction
- 107Enforcement of local land charges
- Chapter 4: OTHER ENFORCEMENT PROVISIONS
- 108Outstanding liabilities on death
- 109Powers of entry
- 110Offence for supplying false information
- 111Prosecution of CIL offences
- Part 10: APPEALS
- 112Interpretation of Part 10
- 113Review of chargeable amount
- 114Chargeable amount: appeal
- 115Apportionment of liability: appeal
- 116Charitable relief: appeal
- 117Surcharge: appeal
- 118Deemed commencement
- 119CIL stop notices
- 120Appeal procedure
- 121Costs
- Part 11: PLANNING OBLIGATIONS
- 122Limitation on use of planning obligations
- 123Further limitations on use of planning obligations
- Part 12: MISCELLANEOUS AND TRANSITIONAL PROVISIONS
- 124Payment of CIL by the Crown
- 125Enforcement in relation to the Crown and Parliament
- 126Service of documents: general
- 127Service of documents on the Crown and Parliament
- 128Transitional provision: general
- 129Transitional provision: charging schedule ceases to have effect
- Signature
- Explanatory note