Paragraph 1 Preparation of charging schedule: setting rates or other criteriaI1

England and Wales Not yet in force

(1)

A charging authority, in setting rates or other criteria for its charging schedule, must have regard, to the extent and in the way specified in CIL regulations, to—

(a)

actual and expected costs of infrastructure (whether by reference to lists prepared by virtue of section 196 or otherwise),

(b)

matters specified in CIL regulations relating to the economic viability of development (which may include, in particular, actual or potential economic effects of CIL planning permission or of imposing CIL), and

(c)

other actual and expected sources of funding for infrastructure.

(2)

CIL regulations may make other provision about setting rates or other criteria.

(3)

The regulations may, in particular, permit or require a charging authority in setting rates or other criteria—

(a)

to have regard, to the extent and in the way specified in the regulations, to—

(i)

actual or expected administrative costs in connection with CIL (including enforcement costs);

(ii)

actual and expected costs of anything, other than infrastructure, that is concerned with addressing demands that development places on an area (whether by reference to lists prepared by virtue of section 196 or otherwise);

(iii)

other actual and expected sources of funding for anything, other than infrastructure, that is concerned with addressing demands that development places on an area;

(iv)

values used or documents produced for other statutory purposes;

(b)

to integrate the process, to the extent and in the way specified in the regulations, with processes undertaken for other statutory purposes.

(4)

The regulations may also provide, or permit or require provision, for differential rates which may include provision for supplementary charges, a nil rate, increased rates or reductions.

Annotations

Commencement

I1: Sch. 13 para. 1 not in force at Royal Assent, see s. 409(2)