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Planning Act 2008

Type Public General Act

Publication 2008-11-26

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

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(202A) (1) The appropriate national authority may by regulations make provision in connection with tree preservation orders. (2) Sections 202B to 202G make further provision about what may, in particular, be contained in regulations under subsection (1). (3) In this section and those sections “tree preservation order” includes an order under section 202(1). (4) In this Act “tree preservation regulations” means regulations under subsection (1). (5) In subsection (1) “the appropriate national authority”— (a) in relation to England means the Secretary of State, and (b) in relation to Wales means the Welsh Ministers. (6) Section 333(3) does not apply in relation to tree preservation regulations made by the Welsh Ministers. (7) Tree preservation regulations made by the Welsh Ministers are subject to annulment in pursuance of a resolution of the National Assembly for Wales. (202B) (1) Tree preservation regulations may make provision about— (a) the form of tree preservation orders; (b) the procedure to be followed in connection with the making of tree preservation orders; (c) when a tree preservation order takes effect. (2) If tree preservation regulations make provision for tree preservation orders not to take effect until confirmed, tree preservation regulations may— (a) make provision for tree preservation orders to take effect provisionally until confirmed; (b) make provision about who is to confirm a tree preservation order; (c) make provision about the procedure to be followed in connection with confirmation of tree preservation orders. (202C) (1) Tree preservation regulations may make provision for prohibiting all or any of the following— (a) cutting down of trees; (b) topping of trees; (c) lopping of trees; (d) uprooting of trees; (e) wilful damage of trees; (f) wilful destruction of trees. (2) A prohibition imposed on a person may (in particular) relate to things whose doing the person causes or permits (as well as to things the person does). (3) A prohibition may be imposed subject to exceptions. (4) In particular, provision may be made for a prohibition not to apply to things done with consent. (5) In this section “tree” means a tree in respect of which a tree preservation order is in force. (202D) (1) This section applies if tree preservation regulations make provision under section 202C(4). (2) Tree preservation regulations may make provision— (a) about who may give consent; (b) for the giving of consent subject to conditions; (c) about the procedure to be followed in connection with obtaining consent. (3) The conditions for which provision may be made under subsection (2)(b) include— (a) conditions as to planting of trees; (b) conditions requiring approvals to be obtained from the person giving the consent; (c) conditions limiting the duration of the consent. (4) The conditions mentioned in subsection (3)(a) include— (a) conditions requiring trees to be planted; (b) conditions about the planting of any trees required to be planted by conditions within paragraph (a), including conditions about how, where or when planting is to be done; (c) conditions requiring things to be done, or installed, for the protection of any trees planted in pursuance of conditions within paragraph (a). (5) In relation to any tree planted in pursuance of a condition within subsection (4)(a), tree preservation regulations may make provision — (a) for the tree preservation order concerned to apply to the tree; (b) authorising the person imposing the condition to specify that the tree preservation order concerned is not to apply to the tree. (6) “The tree preservation order concerned” is the order in force in relation to the tree in respect of which consent is given under tree preservation regulations. (7) The provision that may be made under subsection (2)(c) includes provision about applications for consent, including provision as to— (a) the form or manner in which an application is to be made; (b) what is to be in, or is to accompany, an application. (8) Tree preservation regulations may make provision for appeals— (a) against refusal of consent; (b) where there is a failure to decide an application for consent; (c) against conditions subject to which consent is given; (d) against refusal of an approval required by a condition; (e) where there is a failure to decide an application for such an approval. (9) Tree preservation regulations may make provision in connection with appeals under provision made under subsection (8), including— (a) provision imposing time limits; (b) provision for further appeals; (c) provision in connection with the procedure to be followed on an appeal (or further appeal); (d) provision about who is to decide an appeal (or further appeal); (e) provision imposing duties, or conferring powers, on a person deciding an appeal (or further appeal). (202E) (1) Tree preservation regulations may make provision for the payment of compensation— (a) where any consent required under tree preservation regulations is refused; (b) where any such consent is given subject to conditions; (c) where any approval required under such a condition is refused. (2) Tree preservation regulations may provide for entitlement conferred under subsection (1) to apply only in, or to apply except in, cases specified in tree preservation regulations. (3) Tree preservation regulations may provide for entitlement conferred by provision under subsection (1) to be subject to conditions, including conditions as to time limits. (4) Tree preservation regulations may, in relation to compensation under provision under subsection (1), make provision about— (a) who is to pay the compensation; (b) who is entitled to the compensation; (c) what the compensation is to be paid in respect of; (d) the amount, or calculation of, the compensation. (5) Tree preservation regulations may make provision about the procedure to be followed in connection with claiming any entitlement conferred by provision under subsection (1). (6) Tree preservation regulations may make provision for the determination of disputes about entitlement conferred by provision under subsection (1), including provision for and in connection with the referral of any such disputes to, and their determination by, ...the First-tier Tribunal or the Upper Tribunal. (202F) Tree preservation regulations may make provision for the keeping of, and public access to, registers containing information related to tree preservation orders. (202G) (1) Tree preservation regulations may provide for the application (with or without modifications) of, or make provision comparable to, any provision of this Act mentioned in subsection (2). (2) The provisions are any provision of Part 3 relating to planning permission or applications for planning permission, except sections 56, 62, 65, 69(3) and (4), 71, 91 to 96, 100 and 101 and Schedule 8. (3) Tree preservation regulations may make provision comparable to— (a) any provision made by the Town and Country Planning (Tree Preservation Order) Regulations 1969 or the Town and Country Planning (Trees) Regulations 1999; (b) any provision that could have been made under section 199(2) and (3). (4) Tree preservation regulations may contain incidental, supplementary, consequential, transitional and transitory provision and savings.

(8) Schedule 8 makes further amendments in connection with tree preservation orders.

Existing tree preservation orders: transitional provision

193

(1) This section applies to a tree preservation order made before the appointed day.

(2) With effect from the beginning of the appointed day, a tree preservation order to which this section applies shall have effect with the omission of all of its provisions other than any that have effect for the purpose of identifying the order or for the purpose of identifying the trees, groups of trees or woodlands in respect of which the order—

(a) is in force, or

(b) may at any later time be in force.

(3) In this section—

“the appointed day”—in relation to England means the day on which subsection (1) comes fully into force in relation to England, andin relation to Wales means the day on which subsection (1) comes fully into force in relation to Wales;

“tree preservation order” means an order made under, or an order having effect as if made under, section 198(1) of TCPA 1990.

Use of land

Use of land: power to override easements and other rights

194

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Welsh Ministers may by order amend Schedule 4 to the Welsh Development Agency Act 1975 (c. 70) for the purpose of authorising the use in accordance with planning permission of land acquired under section 21A of that Act, even if the use involves—

(a) interference with an interest or right to which paragraph 6 of that Schedule applies, or

(b) a breach of a restriction as to the user of land arising by virtue of a contract.

(3) The power to make an order under subsection (2) is exercisable by statutory instrument.

(4) The power includes—

(a) power to make different provision for different purposes (including different areas);

(b) power to make incidental, consequential, supplementary, transitional or transitory provision or savings.

(5) No order may be made under subsection (2) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, the National Assembly for Wales.

Statutory undertakers

Applications and appeals by statutory undertakers

195

In section 266 of TCPA 1990 (applications for planning permission by statutory undertakers), after subsection (1) insert—

(1A) Subsection (1) has effect in relation to an application or appeal relating to land in England only if the Secretary of State or the appropriate Minister has given a direction for it to have effect in relation to the application or appeal (and the direction has not been revoked).

Determination of procedure

Determination of procedure for certain proceedings

196

(1) After section 319 of TCPA 1990 insert—

(319A) (1) The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered. (2) A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate— (a) at a local inquiry; (b) at a hearing; (c) on the basis of representations in writing. (3) The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period. (4) A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined. (5) The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1). (6) The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1). (7) This section applies to— (a) an application referred to the Secretary of State under section 77 instead of being dealt with by a local planning authority in England; (b) an appeal under section 78 against a decision of a local planning authority in England; (c) an appeal under section 174 against an enforcement notice issued by a local planning authority in England; (d) an appeal under section 195 against a decision of a local planning authority in England; and (e) an appeal under section 208 against a notice under section 207(1) issued by a local planning authority in England. (8) But this section does not apply to proceedings if they are referred to a Planning Inquiry Commission under section 101; and on proceedings being so referred, any determination made in relation to the proceedings under subsection (1) of this section ceases to have effect. (9) The Secretary of State may by order amend subsection (7) to— (a) add proceedings to, or remove proceedings from, the list of proceedings to which this section applies, or (b) otherwise modify the descriptions of proceedings to which this section applies. (10) An order under subsection (9) may— (a) contain incidental, supplementary, consequential, transitional and transitory provision and savings; (b) amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

(2) After section 88C of the Listed Buildings Act insert—

(88D) (1) The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered. (2) A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate— (a) at a local inquiry; (b) at a hearing; (c) on the basis of representations in writing. (3) The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period. (4) A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined. (5) The Secretary of State must notify the appellant or applicant (as the case may be) and the local planning authority of any determination made under subsection (1). (6) The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1). (7) This section applies to— (a) an application referred to the Secretary of State under section 12 instead of being dealt with by a local planning authority in England; (b) an appeal under section 20 against a decision of a local planning authority in England; and (c) an appeal under section 39 against a listed building enforcement notice issued by a local planning authority in England. (8) The Secretary of State may by order amend subsection (7) to— (a) add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or (b) otherwise modify the descriptions of proceedings under this Act to which this section applies. (9) An order under subsection (8) may— (a) contain incidental, supplementary, consequential, transitional and transitory provision and savings; (b) amend, repeal or revoke any provision made by or under this Act or by or under any other Act.

(3) After section 21 of the Hazardous Substances Act insert—

(21A) (1) The Secretary of State must make a determination as to the procedure by which proceedings to which this section applies are to be considered. (2) A determination under subsection (1) must provide for the proceedings to be considered in whichever of the following ways appears to the Secretary of State to be most appropriate— (a) at a local inquiry; (b) at a hearing; (c) on the basis of representations in writing. (3) The Secretary of State must make a determination under subsection (1) in respect of proceedings to which this section applies before the end of the prescribed period. (4) A determination under subsection (1) may be varied by a subsequent determination under that subsection at any time before the proceedings are determined. (5) The Secretary of State must notify the appellant or applicant (as the case may be) and the hazardous substances authority of any determination made under subsection (1). (6) The Secretary of State must publish the criteria that are to be applied in making determinations under subsection (1). (7) This section applies to— (a) an application referred to the Secretary of State under section 20 instead of being dealt with by a hazardous substances authority in England; (b) an appeal under section 21 against a decision of a hazardous substances authority in England. (8) The Secretary of State may by order amend subsection (7) to— (a) add proceedings under this Act to, or remove proceedings under this Act from, the list of proceedings to which this section applies, or (b) otherwise modify the descriptions of proceedings under this Act to which this section applies. (9) An order under subsection (8) may— (a) contain incidental, supplementary, consequential, transitional and transitory provision and savings; (b) amend, repeal or revoke any provision made by or under this Act or by or under any other Act. (10) The power to make an order under subsection (8) is exercisable by statutory instrument. (11) No order may be made under subsection (8) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

(4) Schedule 10 (further provisions as to the procedure for certain proceedings) has effect.

Appeals

Appeals: miscellaneous amendments

197

Schedule 11 (appeals: miscellaneous amendments) has effect.

Appeals relating to old mining permissions

198

(1) Schedule 6 to TCPA 1990 (determination of certain appeals by person appointed by Secretary of State) is amended as set out in subsections (2) and (3).

(2) In paragraph 1—

(a) in sub-paragraph (1) after “208” insert “ of this Act, paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 ”, and

(b) in sub-paragraph (4) for “any instrument made under it” substitute “ any other Act or any instrument made under this Act or any other Act ”.

(3) In paragraph 2—

(a) after sub-paragraph (1)(d) insert—

(e) in relation to an appeal under paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991, as the Secretary of State has under paragraph 6(1) and (3) of that Schedule.

, and

(b) in sub-paragraph (2) after “208(5)” insert “ of this Act and paragraph 6(2) of Schedule 2 to the Planning and Compensation Act 1991 ”.

(4) In paragraph 5 of Schedule 2 to the Planning and Compensation Act 1991 (c. 34) (registration of old mining permissions: right of appeal) after sub-paragraph (8) insert—

(9) Schedule 6 to the principal Act (determination of appeals by persons appointed by Secretary of State) applies to appeals under this paragraph.

Fees

Fees for planning applications

199

For section 303 of TCPA 1990 substitute—

(303) (1) The appropriate authority may by regulations make provision for the payment of a fee or charge to a local planning authority in respect of— (a) the performance by the local planning authority of any function they have; (b) anything done by them which is calculated to facilitate or is conducive or incidental to the performance of any such function. (2) The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority or the local planning authority (or of fees to both the appropriate authority and the local planning authority) in respect of any application for planning permission deemed to be made under section 177(5). (3) The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of any application for planning permission which is deemed to be made to the appropriate authority under— (a) any provision of this Act other than section 177(5), or (b) any order or regulations made under this Act. (4) The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of an application for planning permission made under section 293A (urgent Crown development). (5) Regulations under this section may in particular— (a) make provision as to when a fee or charge payable under the regulations is to be paid; (b) make provision as to who is to pay a fee or charge payable under the regulations; (c) make provision as to how a fee or charge payable under the regulations is to be calculated (including who is to make the calculation); (d) prescribe circumstances in which a fee or charge payable under the regulations is to be remitted or refunded (wholly or in part); (e) prescribe circumstances in which no fee or charge is to be paid; (f) make provision as to the effect of paying or failing to pay a fee or charge in accordance with the regulations; (g) prescribe circumstances in which a fee or charge payable under the regulations to one local planning authority is to be transferred to another local planning authority. (6) Regulations under this section may— (a) contain incidental, supplementary, consequential, transitional and transitory provision and savings; (b) in the case of regulations made by virtue of subsection (5)(f) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act. (7) In this section “the appropriate authority” means— (a) the Secretary of State in relation to England; (b) the Welsh Ministers in relation to Wales. (8) No regulations shall be made under this section unless a draft of the regulations has been laid before and approved by resolution of— (a) each House of Parliament, in the case of regulations made by the Secretary of State; (b) the National Assembly for Wales, in the case of regulations made by the Welsh Ministers. (9) Section 333(3) does not apply in relation to regulations made under this section by the Welsh Ministers. (10) If a local planning authority calculate the amount of fees or charges in pursuance of provision made by regulations under subsection (1) the authority must secure that, taking one financial year with another, the income from the fees or charges does not exceed the cost of performing the function or doing the thing (as the case may be). (11) A financial year is the period of 12 months beginning with 1 April.

Fees for appeals

200

In TCPA 1990 after section 303 insert—

(303ZA) (1) The appropriate authority may by regulations make provision for the payment of a fee to the appropriate authority in respect of an appeal to the appropriate authority under any provision made by or under— (a) this Act; (b) the Planning (Listed Buildings and Conservation Areas) Act 1990. (2) The regulations may in particular— (a) make provision as to when a fee payable under the regulations is to be paid; (b) make provision as to how such a fee is to be calculated (including who is to make the calculation); (c) prescribe circumstances in which such a fee is to be remitted or refunded (wholly or in part); (d) prescribe circumstances in which no fee is to be paid; (e) make provision as to the effect of paying or failing to pay a fee in accordance with the regulations. (3) A fee payable to the appropriate authority under regulations made under this section is payable— (a) by the appellant; (b) in addition to any fee payable to the appropriate authority under regulations made under section 303. (4) Regulations under this section may— (a) contain incidental, supplementary, consequential, transitional and transitory provision and savings; (b) in the case of regulations made by virtue of subsection (2)(e) or paragraph (a) of this subsection, amend, repeal or revoke any provision made by or under this Act or by or under any other Act. (5) In this section “the appropriate authority” means— (a) the Secretary of State in relation to England; (b) the Welsh Ministers in relation to Wales. (6) No regulations shall be made under this section unless a draft of the regulations has been laid before and approved by resolution of— (a) each House of Parliament, in the case of regulations made by the Secretary of State; (b) the National Assembly for Wales, in the case of regulations made by the Welsh Ministers. (7) Section 333(3) does not apply in relation to regulations made under this section by the Welsh Ministers.

Meaning of “local authority”

Meaning of “local authority” in planning Acts

201

In section 336(1) of TCPA 1990 (interpretation) in the definition of “local authority” after paragraph (aa) insert—

(ab) the London Fire and Emergency Planning Authority;

Part 10 — Wales

Powers of National Assembly for Wales

202

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to make provision in relation to Wales

203

(1) The Welsh Ministers may by order make provision—

(a) which has an effect in relation to Wales that corresponds to the effect an England-only provision has in relation to England;

(b) conferring power on the Welsh Ministers to do anything in relation to Wales that corresponds to anything the Secretary of State has power to do by virtue of an England-only provision.

(2) The England-only provisions are—

section 184 (correction of errors in decisions);

section 189 (compensation where development order or local development order withdrawn);

section 190 (power to make non-material changes to planning permission);

section 194(1) and Schedule 9 (use of land: power to override easements and other rights);

section 195 (applications and appeals by statutory undertakers);

section 196 and Schedule 10 (determination of procedure for certain proceedings);

paragraphs 2(3) and (4) and 3(3) of Schedule 7.

(3) Before an England-only provision is brought into force—

(a) the reference in subsection (1)(a) to the effect an England-only provision has is to be read as a reference to the effect the provision would have, if it were in force;

(b) the reference in subsection (1)(b) to anything the Secretary of State has power to do by virtue of an England-only provision is to be read as a reference to anything the Secretary of State would have power to do by virtue of the provision, if it were in force.

(4) The Welsh Ministers may by order make provision for the purpose of reversing the effect of any provision made in exercise of the power conferred by subsection (1).

(5) The Secretary of State may make an order in consequence of an order under subsection (1) for the purpose of ensuring that an England-only provision continues to have (or will when brought into force have) the effect in relation to England that it would have had if the order under subsection (1) had not been made.

(6) An order under this section may amend, repeal, revoke or otherwise modify a provision of—

(a) an Act, or

(b) an instrument made under an Act.

(7) The powers of the Welsh Ministers to make orders under this section are exercisable by statutory instrument.

(8) Those powers include—

(a) power to make different provision for different purposes (including different areas);

(b) power to make incidental, consequential, supplementary, transitional or transitory provision or savings.

(9) No order may be made by the Welsh Ministers under this section unless a draft of the instrument containing the order has been laid before, and approved by resolution of, the National Assembly for Wales.

Wales: transitional provision in relation to blighted land

204

(1) During the transitional period the repeal by PCPA 2004 of paragraphs 3 and 4 of Schedule 13to TCPA 1990 in relation to Wales is subject to subsection (2).

(2) That repeal does not affect anything which is required or permitted to be done for the purposes of Chapter 2 of Part 6 of TCPA 1990 (interests affected by planning proposals: blight) in relation to land falling within any of paragraphs ... 3 and 4 of Schedule 13 to TCPA 1990.

(3) The transitional period is the period during which—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) ... a unitary development plan continues to form part of the development plan for an area in Wales by virtue of article 3(1) and (2) of the PCPA No.6 Order 2005.

(4) In this section “PCPA No.6 Order 2005” means the Planning and Compulsory Purchase Act 2004 (Commencement No.6, Transitional Provisions and Savings) Order 2005 (S.I. 2005/2847).

(5) This section is deemed to have come into force on the same day as the repeal of paragraphs 3 and 4 of Schedule 13 to TCPA 1990 came into force in relation to Wales (see Article 2(e) and (g) of the PCPA No.6 Order 2005).

Part 11 — Community Infrastructure Levy

The levy

205

(1) The Secretary of State may with the consent of the Treasury make regulations providing for the imposition of a charge to be known as Community Infrastructure Levy (CIL).

(2) In making the regulations the Secretary of State shall aim to ensure that the overall purpose of CIL is to ensure that costs incurred in supporting the development of an area can be funded (wholly or partly) by owners or developers of land in a way that does not make development of the area economically unviable .

(3) The Table describes the provisions of this Part.

Section	Topic
Section 206	The charge
Section 207	Joint committees
Sections 208 and 209	Liability
Section 210	Charities
Section 211	Amount
Sections 212 to 214	Charging schedule
Section 215	Appeals
Sections 216 to 216B	Application
Section 217	Collection
Section 218	Enforcement
Section 219	Compensation
Section 220	Procedure
Section 221	Secretary of State
Section 222	CIL regulations and orders: general
Section 223	Relationship with other powers
Section 224	Amendments
Section 225	Repeals

(4) In those sections regulations under this section are referred to as “CIL regulations”.

The charge

206

(1) A charging authority may charge CIL in respect of development of land in its area.

(2) A local planning authority is the charging authority for its area.

(3) But—

(a) the Mayor of London is a charging authority for Greater London (in addition to the local planning authorities),

(b) the Broads Authority is the only charging authority for the Broads (within the meaning given by section 2(3) of the Norfolk and Suffolk Broads Act 1988 (c. 4)), and

(4) CIL regulations may provide for any of the following to be the charging authority for an area, or in the case of Greater London one of the charging authorities, in place of the charging authority under subsection (2), (3)(b) or (c)—

(a) a county council,

(b) a county borough council,

(d) a metropolitan district council, and

(e) a London borough council (within the meaning of TCPA 1990).

(5) In this section, “local planning authority” has the meaning given by—

(a) section 37 of PCPA 2004 in relation to England, except that a Mayoral development corporation is a local planning authority for the purposes of this section only if it is the local planning authority for all purposes of Part 2 of PCPA 2004 in respect of the whole of its area and all kinds of development, and

(b) section 78 of PCPA 2004 in relation to Wales.

(6) CIL regulations may make transitional provision in connection with, or in anticipation of, a Mayoral development corporation—

(a) becoming a charging authority as a result of the operation of subsection (2), or

(b) ceasing to be a charging authority as a result of the operation of that subsection.

Joint committees

207

(1) This section applies if a joint committee that includes a charging authority is established under section 29 of PCPA 2004.

(2) CIL regulations may provide that the joint committee is to exercise specified functions, in respect of the area specified in the agreement under section 29(1) of PCPA 2004, on behalf of the charging authority.

(3) The regulations may make provision corresponding to provisions relating to joint committees in Part 6 of the Local Government Act 1972 (c. 70) in respect of the discharge of the specified functions.

Liability

208

(1) Where liability to CIL would arise in respect of proposed development (in accordance with provision made by a charging authority under and by virtue of section 206 and CIL regulations) a person may assume liability to pay the levy.

(2) An assumption of liability—

(a) may be made before development commences, and

(b) must be made in accordance with any provision of CIL regulations about the procedure for assuming liability.

(3) A person who assumes liability for CIL before the commencement of development becomes liable when development is commenced in reliance on planning permission.

(4) CIL regulations must make provision for an owner or developer of land to be liable for CIL where development is commenced in reliance on planning permission if—

(a) nobody has assumed liability in accordance with the regulations, or

(b) other specified circumstances arise (such as the insolvency or withdrawal of a person who has assumed liability).

(5) CIL regulations may make provision about—

(a) joint liability (with or without several liability);

(b) liability of partnerships;

(d) apportionment of liability (which may—

(i) include provision for referral to a specified person or body for determination, and

(ii) include provision for appeals);

(e) withdrawal of assumption of liability;

(f) cancellation of assumption of liability by a charging authority (in which case subsection (4)(a) applies);

(g) transfer of liability (whether before or after development commences and whether or not liability has been assumed).

(6) The amount of any liability for CIL is to be calculated by reference to the time when planning permission first permits the development as a result of which the levy becomes payable.

(7) CIL regulations may make provision for liability for CIL to arise where development which requires planning permission is commenced without it (and subsection (6) is subject to this subsection).

(8) CIL regulations may provide for liability to CIL to arise in respect of a development where—

(a) the development was exempt from CIL, or subject to a reduced rate of CIL charge, and

(b) the description or purpose of the development changes.

Liability: interpretation of key terms

209

(1) In section 208 “development” means—

(a) anything done by way of or for the purpose of the creation of a new building, or

(b) anything done to or in respect of an existing building.

(2) CIL regulations may provide for—

(a) works or changes in use of a specified kind not to be treated as development;

(b) the creation of, or anything done to or in respect of, a structure of a specified kind to be treated as development.

(3) CIL regulations must include provision for determining when development is treated as commencing.

(4) Regulations under subsection (3) may, in particular, provide for development to be treated as commencing when some specified activity or event is undertaken or occurs, where the activity or event—

(a) is not development within the meaning of subsection (1), but

(b) has a specified kind of connection with a development within the meaning of that subsection.

(5) CIL regulations must define planning permission (which may include planning permission within the meaning of TCPA 1990 and any other kind of permission or consent (however called, and whether general or specific)).

(6) CIL regulations must include provision for determining the time at which planning permission is treated as first permitting development; and the regulations may, in particular, make provision—

(a) about outline planning permission;

(b) for permission to be treated as having been given at a particular time in the case of general consents.

(7) For the purposes of section 208—

(a) “owner” of land means a person who owns an interest in the land, and

(b) “developer” means a person who is wholly or partly responsible for carrying out a development.

(8) CIL regulations may make provision for a person to be or not to be treated as an owner or developer of land in specified circumstances.

Charities

210

(1) CIL regulations must provide for an exemption from liability to pay CIL in respect of a development where—

(a) the person who would otherwise be liable to pay CIL in respect of the development is a relevant charity in England and Wales, and

(b) the building or structure in respect of which CIL liability would otherwise arise is to be used wholly or mainly for a charitable purpose of the charity within the meaning of section 2 of the Charities Act 2011.

(2) CIL regulations may—

(a) provide for an exemption from liability to pay CIL where the person who would otherwise be liable to pay CIL in respect of the development is an institution established for a charitable purpose;

(b) require charging authorities to make arrangements for an exemption from, or reduction in, liability to pay CIL where the person who would otherwise be liable to pay CIL in respect of the development is an institution established for a charitable purpose.

(3) Regulations under subsection (1) or (2) may provide that an exemption or reduction does not apply if specified conditions are satisfied.

(4) For the purposes of subsection (1), a relevant charity in England and Wales is an institution which—

(a) is registered in the register of charities kept by the Charity Commission under section 29 of the Charities Act 2011, or

(b) is a charity within the meaning of section 1(1) of the Charities Act 2011 but is not required to be registered in the register kept under section 29 of that Act .

(5) In subsection (2), a charitable purpose is a purpose falling within section 3(1) of the Charities Act 2011; but CIL regulations may provide for an institution of a specified kind to be, or not to be, treated as an institution established for a charitable purpose.

Amount

211

(1) A charging authority which proposes to charge CIL must issue a document (a “charging schedule”) setting rates, or other criteria, by reference to which the amount of CIL chargeable in respect of development in its area is to be determined.

(2) A charging authority, in setting rates or other criteria, must have regard, to the extent and in the manner specified by CIL regulations, to—

(a) actual and expected costs of infrastructure (whether by reference to lists prepared by virtue of section 216(5)(a) or otherwise);

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

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

(4) The regulations may, in particular, permit or require charging authorities in setting rates or other criteria—

(a) to have regard, to the extent and in the manner specified by the regulations, to actual or expected administrative expenses in connection with CIL;

(aa) to have regard, to the extent and in the manner specified by the regulations, to 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 216(5)(a) or otherwise);

(ab) to have regard, to the extent and in the manner specified by the regulations, to other actual and expected sources of funding for anything other than infrastructure that is concerned with addressing demands that development places on an area;

(b) to have regard, to the extent and in the manner specified by the regulations, to values used or documents produced for other statutory purposes;

(c) to integrate the process, to the extent and in the manner specified by the regulations, with processes undertaken for other statutory purposes;

(d) to produce charging schedules having effect in relation to specified periods (subject to revision).

(5) The regulations may permit or require charging schedules to adopt specified methods of calculation.

(6) In particular, the regulations may—

(a) permit or require charging schedules to operate by reference to descriptions or purposes of development;

(b) permit or require charging schedules to operate by reference to any measurement of the amount or nature of development (whether by reference to measurements of floor space, to numbers or intended uses of buildings, to numbers or intended uses of units within buildings, to allocation of space within buildings or units, to values or expected values or in any other way);

(c) permit or require charging schedules to operate by reference to the nature or existing use of the place where development is undertaken;

(d) permit or require charging schedules to operate by reference to an index used for determining a rate of inflation;

(e) permit or require charging schedules to operate by reference to values used or documents produced for other statutory purposes;

(f) provide, or permit or require provision, for differential rates, which may include provision for supplementary charges, a nil rate, increased rates or reductions.

(7) A charging authority may consult, or take other steps, in connection with the preparation of a charging schedule (subject to CIL regulations).

(7A) A charging authority must use appropriate available evidence to inform the charging authority's preparation of a charging schedule.

(7B) CIL regulations may make provision about the application of subsection (7A) including, in particular—

(a) provision as to evidence that is to be taken to be appropriate,

(b) provision as to evidence that is to be taken to be not appropriate,

(d) provision as to evidence that is to be taken to be not available,

(e) provision as to how evidence is, and as to how evidence is not, to be used,

(f) provision as to evidence that is, and as to evidence that is not, to be used,

(g) provision as to evidence that may, and as to evidence that need not, be used, and

(h) provision as to how the use of evidence is to inform the preparation of a charging schedule.

(8) The regulations may require a charging authority to provide in specified circumstances an estimate of the amount of CIL chargeable in respect of development of land.

(9) A charging authority may revise a charging schedule.

(10) Except where subsection (11) applies, this section and sections 212 , 213 and 214(1) and (2) apply to the revision of a charging schedule as they apply to the preparation of a charging schedule. to 213 and 214(1) and (2) apply in relation to a revision of a charging schedule as they apply in relation to a charging schedule.

(11) Where the only provision made by a charging schedule or a revision of a charging schedule is provision for the purpose of determining the amount of CIL chargeable in respect of street vote development—

(a) sections 212 to 213 and 214(1) and (2) do not apply in relation to the charging schedule or the revision of the charging schedule, and

(b) CIL regulations may make provision about procedural requirements that must be met before the charging schedule or revision may take effect.

(12) “Street vote development” means development of land for which planning permission is granted by a street vote development order made under section 61QA of TCPA 1990.

Charging schedule: examination

212

(1) Before approving a charging schedule a charging authority must appoint a person (“the examiner”) to examine a draft.

(2) The charging authority must appoint someone who, in the opinion of the authority—

(a) is independent of the charging authority, and

(b) has appropriate qualifications and experience.

(3) The charging authority may, with the agreement of the examiner, appoint persons to assist the examiner.

(4) In this section and sections 212A and 213 “ the drafting requirements ” means the requirements of this Part and CIL regulations (including the requirements to have regard to the matters listed in section 211(2) and (4)), so far as relevant to the drafting of the schedule.

(7) The examiner must consider whether the drafting requirements have been complied with and—

(a) make recommendations in accordance with section 212A, and

(b) give reasons for the recommendations.

(8) The charging authority must publish the recommendations and reasons.

(9) CIL regulations must require a charging authority to allow anyone who makes representations about a draft charging schedule to be heard by the examiner; and the regulations may make provision about timing and procedure.

(10) CIL regulations may make provision for examiners to reconsider their decisions with a view to correcting errors (before or after the approval of a charging schedule).

(11) The charging authority may withdraw a draft.

(12) For exceptions to this section see section 211(11).

Charging schedule: approval

213

(1) A charging authority may approve a charging schedule only if—

(a) the examiner makes recommendations under section 212A(4) or (5), and

(b) the charging authority has had regard to those recommendations and the examiner's reasons for them.

(1A) Accordingly, a charging authority may not approve a charging schedule if, under section 212A(2), the examiner recommends rejection.

(1B) If the examiner makes recommendations under section 212A(4), the charging authority may approve the charging schedule only if it does so with modifications that are sufficient and necessary to remedy the non-compliance specified under section 212A(4)(a) (although those modifications need not be the ones recommended under section 212A(4)(b)).

(1C) If a charging authority approves a charging schedule, it may do so with all or none, or some one or more, of the modifications (if any) recommended under section 212A(6) or (7).

(1D) The modifications with which a charging schedule may be approved include only—

(a) modifications required by subsection (1B), and

(b) modifications allowed by subsection (1C).

(2) A charging authority (other than the Mayor of London) must approve a charging schedule—

(a) at a meeting of the authority, and

(b) by a majority of votes of members present.

(3) The Mayor of London must approve a charging schedule personally.

(3A) Subsection (3B) applies if—

(a) the examiner makes recommendations under section 212A(4), and

(b) the charging schedule is approved by the charging authority.

(3B) The charging authority must publish a report setting out how the charging schedule as approved remedies the non-compliance specified under section 212A(4)(a).

(3C) CIL regulations may make provision about the form or contents of a report under subsection (3B).

(4) CIL regulations may make provision for the correction of errors in a charging schedule after approval.

(5) In this section “ examiner ” means examiner under section 212.

(6) For exceptions to this section see section 211(11).

Charging schedule: effect

214

(1) A charging schedule approved under section 213 may not take effect before it is published by the charging authority.

(2) CIL regulations may make provision about publication of a charging schedule after approval.

(3) A charging authority may determine that a charging schedule is to cease to have effect.

(4) CIL regulations may provide that a charging authority may only make a determination under subsection (3) in circumstances specified by the regulations.

(5) A charging authority (other than the Mayor of London) must make a determination under subsection (3)—

(a) at a meeting of the authority, and

(b) by a majority of votes of members present.

(6) The Mayor of London must make a determination under subsection (3) personally.

(7) For exceptions to subsections (1) and (2) of this section see section 211(11).

Appeals

215

(1) CIL regulations must provide for a right of appeal on a question of fact in relation to the application of methods for calculating CIL to a person appointed by the Commissioners for Her Majesty's Revenue and Customs.

(2) The regulations must require that the person appointed under subsection (1) is—

(a) a valuation officer appointed under section 61 of the Local Government Finance Act 1988 (c. 41), or

(b) a district valuer within the meaning of section 622 of the Housing Act 1985 (c. 68).

(3) Regulations under this section or section 208(5)(d)(ii) may, in particular, make provision about—

(a) the period within which the right of appeal may be exercised,

(b) the procedure on an appeal, and

(4) In any proceedings for judicial review of a decision on an appeal, the defendant shall be the Commissioners for Her Majesty's Revenue and Customs and not the person appointed under subsection (1).

Application

216

(1) Subject to sections 216A(1), 216B(2) and 219(5), CIL regulations must require the authority that charges CIL to apply it, or cause it to be applied, to supporting development by funding the provision, improvement, replacement, operation or maintenance of infrastructure.

(2) In this section (except subsection (3)) and sections 216A(2) and 216B(2) “infrastructure” includes—

(a) roads and other transport facilities,

(b) flood defences,

(d) medical facilities,

(e) sporting and recreational facilities,and

(f) open spaces.

(fa) where the CIL is chargeable in respect of street vote development, affordable housing.

(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The regulations may amend subsection (2) so as to—

(a) add, remove or vary an entry in the list of matters included within the meaning of “infrastructure”;

(b) list matters excluded from the meaning of “infrastructure”.

(4) The regulations may specify—

(a) works, installations and other facilities whose provision, improvement or replacement may or is to be, or may not be, funded by CIL,

(aa) maintenance activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure that may or are to be, or may not be, funded by CIL,

(ab) things within section 216A(2)(b) that may or are to be, or may not be, funded by CIL passed to a person in discharge of a duty under section 216A(1),

(ac) things within section 216B(2)(b) that may or are to be, or may not be, funded by CIL to which provision under section 216B(2) relates,

(b) criteria for determining the areas that may benefit from funding by CIL in respect of land, and

(5) The regulations may—

(a) require charging authorities to prepare and publish a list of what is to be, or may be, wholly or partly funded by CIL;

(b) include provision about the procedure to be followed in preparing a list (which may include provision for consultation, for the appointment of an independent person or a combination);

(c) include provision about the circumstances in which a charging authority may and may not apply CIL toanything not included on the list.

(6) In making provision about funding the regulations may, in particular—

(a) permit CIL to be used to reimburse expenditure already incurred;

(b) permit CIL to be reserved for expenditure that may be incurred in the future;

(c) permit CIL to be applied (either generally or subject to limits set by or determined in accordance with the regulations) to administrative expenses in connection with infrastructureor anything within section 216A(2)(b) or 216B(2)(b) or in connection with CIL;

(d) include provision for the giving of loans, guarantees or indemnities;

(e) make provision about the application of CIL where anything to which it was to be applied no longerrequires funding.

(7) The regulations may—

(a) require a charging authority to account separately, and in accordance with the regulations, for CIL received or due;

(b) require a charging authority to monitor the use made and to be made of CIL in its area;

(d) permit a charging authority to cause money to be applied in respect of things done outside its area;

(e) permit a charging authority or other body to spend money;

(f) permit a charging authority to pass money to another body (and in paragraphs (a) to (e) a reference to a charging authority includes a reference to a body to which a charging authority passes money in reliance on this paragraph).

(8) In this section—

“affordable housing” means—social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, andany other description of housing that CIL regulations may specify;

“street vote development” has the meaning given by section 211(12).

Collection

217

(1) CIL regulations must include provision about the collection of CIL.

(2) The regulations may make provision for payment—

(a) on account;

(b) by instalments.

(3) The regulations may make provision about repayment (with or without interest) in cases of overpayment.

(4) The regulations may make provision about payment in forms other than money (such as making land available, carrying out works or providing services).

(5) The regulations may permit or require a charging authority or other public authority to collect CIL charged by another authority; and section 216(7)(a) and (c) apply to a collecting authority in respect of collection as to a charging authority.

(6) Regulations under this section may replicate or apply (with or without modifications) any enactment relating to the collection of a tax.

(7) Regulations under this section may make provision about the source of payments in respect of Crown interests.

Enforcement

218

(1) CIL regulations must include provision about enforcement of CIL.

(2) The regulations must make provision about the consequences of late payment and failure to pay.

(3) The regulations may make provision about the consequences of failure to assume liability, to give a notice or to comply with another procedure under CIL regulations in connection with CIL.

(4) The regulations may, in particular, include provision—

(a) for the payment of interest;

(b) for the imposition of a penalty or surcharge;

(d) enabling an authority to prohibit development pending assumption of liability for CIL or pending payment of CIL;

(e) conferring a power of entry onto land;

(f) requiring the provision of information;

(g) creating a criminal offence (including, in particular, offences relating to evasion or attempted evasion or to the provision of false or misleading information or failure to provide information, and offences relating to the prevention or investigation of other offences created by the regulations);

(h) conferring power to prosecute an offence;

(i) for enforcement of sums owed (whether by action on a debt, by distraint against goods or in any other way);

(j) conferring jurisdiction on a court to grant injunctive or other relief to enforce a provision of the regulations (including a provision included in reliance on this section);

(k) for enforcement in the case of death or insolvency of a person liable for CIL.

(5) CIL regulations may include provision (whether or not in the context of late payment or failure to pay) about registration or notification of actual or potential liability to CIL; and the regulations may include provision—

(a) for the creation of local land charges;

(b) for the registration of local land charges;

(i) against successive owners, and

(ii) by way of sale or other disposal with consent of a court);

(d) for making entries in statutory registers;

(e) for the cancellation of charges and entries.

(6) Regulations under this section may—

(a) replicate or apply (with or without modifications) any enactment relating to the enforcement of a tax;

(b) provide for appeals.

(7) Regulations under this section may provide that any interest, penalty or surcharge payable by virtue of the regulations is to be treated for the purposes of sections 216 to 220 as if it were CIL.

(8) The regulations providing for a surcharge or penalty must ensure that no surcharge or penalty in respect of an amount of CIL exceeds the higher of—

(a) 30% of that amount, and

(b) £20,000.

(9) But the regulations may provide for more than one surcharge or penalty to be imposed in relation to a CIL charge.

(10) The regulations may not authorise entry to a private dwelling without a warrant issued by a justice of the peace.

(11) Regulations under this section creating a criminal offence may not provide for—

(a) imprisonment for a term exceeding the maximum term for summary offences, on summary conviction for an offence triable summarily only,

(b) imprisonment for a term exceeding the general limit in a magistrates’ court, on summary conviction for an offence triable either way, or

(12) In subsection (11)(a), “the maximum term for summary offences” means—

(a) in relation to an offence committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, 6 months;

(b) in relation to an offence committed after that time, 51 weeks.

(13) In this Part a reference to administrative expenses in connection with CIL includes a reference to enforcement expenses.

Compensation

219

(1) CIL regulations may require a charging authority or other public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.

(2) In this section, “enforcement action” means action taken under regulations under section 218, including—

(a) the suspension or cancellation of a decision relating to planning permission, and

(b) the prohibition of development pending assumption of liability for CIL or pending payment of CIL.

(3) The regulations shall not require payment of compensation—

(a) to a person who has failed to satisfy a liability to pay CIL, or

(b) in other circumstances specified by the regulations.

(4) Regulations under this section may make provision about—

(a) the time and manner in which a claim for compensation is to be made, and

(b) the sums, or the method of determining the sums, payable by way of compensation.

(5) CIL regulations may permit or require a charging authority to apply CIL (either generally or subject to limits set by or determined in accordance with the regulations) for expenditure incurred under this section.

(6) A dispute about compensation may be referred to and determined by the Upper Tribunal.

(7) In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to the provisions of CIL regulations.

Community Infrastructure Levy: procedure

220

(1) CIL regulations may include provision about procedures to be followed in connection with CIL.

(2) In particular, the regulations may make provision about—

(a) procedures to be followed by a charging authority proposing to begin charging CIL;

(b) procedures to be followed by a charging authority in relation to charging CIL;

(d) consultation;

(e) the publication or other treatment of reports;

(f) timing and methods of publication;

(g) making documents available for inspection;

(h) providing copies of documents (with or without charge);

(i) the form and content of documents;

(j) giving notice;

(k) serving notices or other documents;

(l) examinations to be held in public in the course of setting or revising rates or other criteria or of preparing lists;

(m) the terms and conditions of appointment of independent persons;

(n) remuneration and expenses of independent persons (which may be required to be paid by the Secretary of State or by a charging authority);

(o) other costs in connection with examinations;

(p) reimbursement of expenditure incurred by the Secretary of State (including provision for enforcement);

(q) apportionment of costs;

(r) combining procedures in connection with CIL with procedures for another purpose of a charging authority (including a purpose of that authority in another capacity);

(s) procedures to be followed in connection with actual or potential liability for CIL.

(3) CIL regulations may make provision about the procedure to be followed in respect of an exemption from CIL or a reduction of CIL; in particular, the regulations may include provision—

(a) about the procedure for determining whether any conditions are satisfied;

(b) requiring a charging authority or other person to notify specified persons of any exemption or reduction;

(4) A provision of this Part conferring express power to make procedural provision in a specified context includes, in particular, power to make provision about the matters specified in subsection (2).

(5) A power in this Part to make provision about publishing something includes a power to make provision about making it available for inspection.

(6) Sections 229 to 231 do not apply to this Part (but CIL regulations may make similar provision).

Secretary of State

221

The Secretary of State may give guidance to a charging authority or other public authority (including an examiner appointed under section 212) about any matter connected with CIL; and the authority must have regard to the guidance.

Regulations and orders: general

222

(1) CIL regulations—

(a) may make provision that applies generally or only to specified cases, circumstances or areas,

(b) may make different provision for different cases, circumstances or areas,

(d) may confer, or allow a charging schedule to confer, a discretionary power on the Secretary of State, a local authority or another specified person,

(e) may apply an enactment, with or without modifications, and

(f) may include provision of a kind permitted by section 232(3)(b) (and incidental, supplemental or consequential provision may include provision disapplying, modifying the effect of or amending an enactment).

(2) CIL regulations—

(a) shall be made by statutory instrument, and

(b) shall not be made unless a draft has been laid before and approved by resolution of the House of Commons.

(3) An order under section 218(12) or 225(2)—

(a) shall be made by statutory instrument, and

(b) may include provision of a kind permitted by subsection (1)(a), (b) or (f) above, but may not amend an Act of Parliament in reliance on subsection (1)(f).

(4) An order under section 218(12) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5) An order under section 225(2) shall be subject to annulment in pursuance of a resolution of the House of Commons.

Relationship with other powers

223

(1) CIL regulations may include provision about how the following powers are to be used, or are not to be used—

(a) section 106 of TCPA 1990 (planning obligations), and

(b) section 278 of the Highways Act 1980 (c. 66) (execution of works).

(2) CIL regulations may include provision about the exercise of any other power relating to planning or development.

(3) The Secretary of State may give guidance to a charging or other authority about how a power relating to planning or development is to be exercised; and authorities must have regard to the guidance.

(4) Provision may be made under subsection (1) or (2), and guidance may be given under subsection (3), only if the Secretary of State thinks it necessary or expedient for—

(a) complementing the main purpose of CIL regulations,

(b) enhancing the effectiveness, or increasing the use, of CIL regulations,

(c) preventing agreements, undertakings or other transactions from being used to undermine or circumvent CIL regulations,

(d) preventing agreements, undertakings or other transactions from being used to achieve a purpose that the Secretary of State thinks would better be achieved through the application of CIL regulations, or

(e) preventing or restricting the imposition of burdens, the making of agreements or the giving of undertakings, in addition to CIL.

(5) CIL regulations may provide that a power to give guidance or directions may not be exercised—

(a) in relation to matters specified in the regulations,

(b) in cases or circumstances specified in the regulations,

(d) to an extent specified in the regulations.

Community Infrastructure Levy: amendments

224

(1) In section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) after subsection (6) insert—

(6A) Community Infrastructure Levy under Part 11 of the Planning Act 2008 is not a rate for the purposes of subsection (6).

(2) In section 9 of the Norfolk and Suffolk Broads Act 1988 (c. 4) (the Navigation Committee)—

(a) in subsection (8), after “Subject” insert “ to subsection (8A) and ”;

(b) after subsection (8) insert—

(8A) Subsection (8) does not apply in relation to functions under Part 11 of the Planning Act 2008 (Community Infrastructure Levy).

(3) In section 71(3) of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out: functions of local authorities) omit the word “and” at the end of paragraph (g) and after paragraph (h) insert

; and (i) sections 217 and 218 of the Planning Act 2008 (Community Infrastructure Levy: collection and enforcement).

(4) In section 38 of the Greater London Authority Act 1999 (c. 29) (delegation), after subsection (2) insert—

(2A) In relation to functions exercisable by the Mayor under Part 11 of the Planning Act 2008 (Community Infrastructure Levy) subsection (2) has effect with the omission of paragraphs (c) to (f).

Community Infrastructure Levy: repeals

225

(1) The following provisions of PCPA 2004 shall cease to have effect—

(a) sections 46 to 48 (planning contribution), and

(b) paragraph 5 of Schedule 6 (repeal of sections 106 to 106B of TCPA 1990 (planning obligations)).

(2) The Treasury may by order repeal the Planning-gain Supplement (Preparations) Act 2007 (c. 2).

Part 12 — Final provisions

The Crown and Parliament

The Crown

226

(1) This Act binds the Crown, subject to subsections (2) and (3).

(2) Sections 40, 54, 135, 166, 228 and 231 make special provision in relation to the application of some provisions of this Act to the Crown.

(3) The amendments made by this Act bind the Crown only to the extent that the provisions amended bind the Crown.

“Crown land” and “the appropriate Crown authority”

227

(1) In this Act, “Crown land” and “the appropriate Crown authority” must be read in accordance with this section.

(2) “Crown land” is land in which there is a Crown interest or a Duchy interest.

(3) For the purposes of this section, a Crown interest is any of the following—

(a) an interest belonging to Her Majesty in right of the Crown or in right of Her private estates;

(b) an interest belonging to a government department or held in trust for Her Majesty for the purposes of a government department;

(c) an interest belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of the Scottish Administration by such an office-holder;

(d) the interest of the Speaker of the House of Lords in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Lords;

(e) the interest of the Speaker of the House of Commons in those parts of the Palace of Westminster and its precincts occupied on 23 March 1965 by or on behalf of the House of Commons;

(f) the interest in any land of—

(i) the Corporate Officer of the House of Lords;

(ii) the Corporate Officer of the House of Commons;

(iii) those two Corporate Officers acting jointly;

(g) such other interest as the Secretary of State specifies by order.

(4) For the purposes of this section, a Duchy interest is—

(a) an interest belonging to Her Majesty in right of the Duchy of Lancaster, or

(b) an interest belonging to the Duchy of Cornwall.

(5) “The appropriate Crown authority” in relation to any land is—

(a) in the case of land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b) in relation to any other land belonging to Her Majesty in right of the Crown, the government department or, as the case may be, office-holder in the Scottish Administration, having the management of the land or the relevant person;

(c) in relation to land belonging to Her Majesty in right of Her private estates, a person appointed by Her Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Secretary of State;

(d) in relation to land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(e) in relation to land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy, appoints;

(f) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, the department;

(g) in the case of land belonging to an office-holder in the Scottish Administration or held in trust for Her Majesty for the purposes of such an office-holder, the office-holder;

(h) in relation to Westminster Hall and the Chapel of St Mary Undercroft, the Lord Great Chamberlain and the Speakers of the House of Lords and the House of Commons acting jointly;

(i) in relation to Her Majesty's Robing Room in the Palace of Westminster, the adjoining staircase and ante-room and the Royal Gallery, the Lord Great Chamberlain.

(j) in relation to land in which there is a Crown interest by virtue of subsection (3)(d) or (f)(i), the Corporate Officer of the House of Lords;

(k) in relation to land in which there is a Crown interest by virtue of subsection (3)(e) or (f)(ii), the Corporate Officer of the House of Commons;

(l) in relation to land in which there is a Crown interest by virtue of subsection (3)(f)(iii), those two Corporate Officers acting jointly.

(5A) In subsection (5), “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.

(6) If any question arises as to what authority is the appropriate Crown authority in relation to any land it must be referred to the Treasury, whose decision is final.

(7) References to Her Majesty's private estates must be construed in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37).

(8) References to an office-holder in the Scottish Administration are to be construed in accordance with section 126(7) of the Scotland Act 1998 (c. 46).

Enforcement in relation to the Crown and Parliament

228

(1) No act or omission done or suffered by or on behalf of the Crown constitutes an offence under this Act.

(2) For the purposes of this section “the Crown” includes—

(a) the Duchy of Lancaster;

(b) the Duchy of Cornwall;

(d) the Speaker of the House of Commons;

(e) the Corporate Officer of the House of Lords;

(f) the Corporate Officer of the House of Commons.

Service of notices and other documents

Service of notices: general

229

(1) A notice or other document required or authorised to be served, given or supplied under this Act may be served, given or supplied in any of these ways—

(a) by delivering it to the person on whom it is to be served or to whom it is to be given or supplied,

(b) by leaving it at the usual or last known place of abode of that person or, in a case where an address for service has been given by that person, at that address,

(c) by sending it by post, addressed to that person at that person's usual or last known place of abode or, in a case where an address for service has been given by that person, at that address,

(d) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at that person's usual or last known place of abode or, in a case where an address for service has been given by that person, at that address,

(e) in a case where an address for service using electronic communications has been given by that person, by sending it using electronic communications, in accordance with the condition set out in subsection (2), to that person at that address,

(f) in the case of an incorporated company or body—

(i) by delivering it to the secretary or clerk of the company or body at their registered or principal office,

(ii) by sending it by post, addressed to the secretary or clerk of the company or body at that office,

(iii) by sending it in a prepaid registered letter or, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(2) The condition mentioned in subsection (1)(e) is that the notice or other document must be—

(a) capable of being accessed by the person mentioned in that provision,

(b) legible in all material respects, and

(3) For the purposes of subsection (2), “legible in all material respects” means that the information contained in the notice or document is available to that person to no lesser extent than it would be if served, given or supplied by means of a notice or document in printed form.

(4) Subsection (1)(c), (e) and (f)(ii) do not apply to the service, giving or supply of any of the following—

(a) notice under section 53(4)(b);

(b) a compulsory acquisition notice under section 134;

(d) an information notice under section 167;

(e) a notice of unauthorised development under section 169.

(5) This section is without prejudice to section 233 of the Local Government Act 1972 (c. 70) (general provisions as to service of notices by local authorities).

(6) This section is subject to any contrary provision made by or under this Act.

Service of documents to persons interested in or occupying premises

230

(1) Subsection (2) applies if—

(a) a notice or document is required or authorised to be served on or given or supplied to any person as having an interest in premises, and the name of that person cannot be ascertained after reasonable inquiry, or

(b) a notice or document is required or authorised to be served on or given or supplied to any person as an occupier of premises.

(2) The notice or document is to be taken to be duly served, given or supplied if either the condition in subsection (3) or the condition in subsection (4) is met.

(3) The condition is that the notice or document—

(a) is addressed to the person either by name or by the description of “the owner” or, as the case may be, “the occupier” of the premises (describing them), and

(b) is delivered or sent—

(i) in the case of a notice mentioned in section 229(4), in the manner specified in section 229(1)(a), (b) or (d), and

(ii) in any other case, in the manner specified in section 229(1)(a), (b), (c) or (d).

(4) The condition is that the notice or document is so addressed and is marked in such a manner as may be prescribed for securing that it is plainly identifiable as an important communication and—

(a) it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it, or

(b) it is delivered to a person on those premises, or is affixed conspicuously to an object on those premises.

(5) Subsection (6) applies if—

(a) a notice or other document is required to be served on or given or supplied to all persons who have interests in or are occupiers of premises comprised in any land, and

(b) it appears to the authority required or authorised to serve, give or supply the notice or other document that any part of that land is unoccupied.

(6) The notice or other document is to be taken to be duly served on or given or supplied to all persons having interests in, and on any occupiers of, premises comprised in that part of the land (other than a person who has given to that authority an address for the service of the notice or document on him) if—

(a) it is addressed to “the owners and any occupiers” of that part of the land (describing it), and

(b) it is affixed conspicuously to an object on the land.

(7) This section is subject to any contrary provision made by or under this Act.

Service of notices on the Crown and Parliament

231

(1) Any notice or other document required under this Act to be served on or given or supplied to the Crown must be served on or given or supplied to the appropriate Crown authority.

(2) Sections 229 and 230 do not apply for the purposes of the service, giving or supply of such a notice or document.

(3) For the purposes of this section “the Crown” includes—

(a) the Duchy of Lancaster;

(b) the Duchy of Cornwall;

(d) the Speaker of the House of Commons;

(e) the Corporate Officer of the House of Lords;

(f) the Corporate Officer of the House of Commons.

General

Orders and regulations

232

(1) Subsections (2) and (3) apply to a power to make an order or regulations conferred on the Secretary of State by this Act, except—

(a) power to make an order granting development consent;

(b) a power conferred by paragraph 1(4) of Schedule 4;

(d) a power conferred by Part 11 or section 237 or 241.

(2) The power is exercisable by statutory instrument.

(3) The power includes—

(a) power to make different provision for different purposes (including different areas);

(b) power to make incidental, consequential, supplementary, transitional or transitory provision or savings.

(4) A statutory instrument containing an order or regulations under this Act is subject to annulment pursuant to a resolution of either House of Parliament.

This is subject to subsection (5) (and section 222(5)).

(5) Subsection (4) does not apply to a statutory instrument containing—

(a) an order granting development consent;

(b) an order made by virtue of paragraph 1(8) of Schedule 4;

(d) an order under section 14(3), 33(5), 111, 160(3), 161(5), 172(1), 203(5) or 227(3)(g);

(e) regulations under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b).

(6) No order may be made under section 14(3), 33(5), 111, 160(3), 161(5), 203(5) or 227(3)(g) unless a draft of the instrument containing the order has been laid before, and approved by resolution of, each House of Parliament.

(7) No regulations may be made under section 35(2)(a)(ii), 104(2)(c) or 105(2)(b) unless a draft of the instrument containing the regulations has been laid before, and approved by resolution of, each House of Parliament.

Directions

233

(1) A direction given under this Act must be in writing.

(2) A power conferred by this Act to give a direction includes power to vary or revoke the direction.

Abbreviated references to Acts

234

In this Act—

“the Hazardous Substances Act” means the Planning (Hazardous Substances) Act 1990 (c. 10);

“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9);

“PCPA 2004” means the Planning and Compulsory Purchase Act 2004 (c. 5);

“TCPA 1990” means the Town and Country Planning Act 1990 (c. 8).

Interpretation

235

(1) In this Act (except in Part 11)—

“airport” has the meaning given by section 82(1) of the Airports Act 1986 (c. 31);

“alteration”, in relation to an airport, must be read in accordance with section 23(6);

“alteration”, in relation to a highway, includes stopping up the highway or diverting, improving, raising or lowering it;

“appropriate Crown authority” has the meaning given by section 227;

“building” has the meaning given by section 336(1) of TCPA 1990;

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“construction”, in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act) (and related expressions must be read accordingly);

“construction”, in relation to a pipe-line, includes placing (and related expressions must be read accordingly);

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“cross-country pipe-line” has the same meaning as in the Pipe-lines Act 1962 (c. 58) (see section 66 of that Act);

“Crown land” has the meaning given by section 227;

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“deployable output” means, in relation to a given facility, the annual average volume of water that can be produced per day from that facility under drought conditions, having regard in particular (where applicable) to—the hydrological yield of the facility;the quantity of water licensed for abstraction;the state of the local environment;the properties of any—pumping plant;well;aquifer;raw water main;aqueduct;transfer main;output main;any water treatment processes;any requirements relating to water quality;

“desalination plant” means a facility for the extraction of mineral components from saline water;

“development” has the meaning given by section 32;

“development consent” has the meaning given by section 31;

“drought conditions” means conditions resulting from a shortage of precipitation that has a 0.5% chance of occurring within a 12 month period;

“electric line” has the same meaning as in Part 1 of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act);

“extension”, in relation to a generating station, has the meaning given by section 36(9) of the Electricity Act 1989 (and “extend” must be read accordingly);

“gas” includes natural gas;

“gas reception facility” must be read in accordance with section 19(3);

“gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (c. 44) (see section 7(1) of that Act);

“generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act);

“goods” has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

“Green Belt land” has the meaning given by section 2(1) of the Green Belt (London and Home Counties) Act 1938 (c. xciii);

“harbour” and “harbour authority” have the meanings given by section 57(1) of the Harbours Act 1964 (c. 40);

“highway” has the meaning given by section 328 of the Highways Act 1980 (c. 66);

“highway authority” has the same meaning as in the Highways Act 1980 (c. 66) (see sections 1 to 3 of that Act);

“improvement”, in relation to a highway, has the meaning given by section 329(1) of the Highways Act 1980;

“inland waters” has the same meaning as in the Water Resources Act 1991 (c. 57) (see section 221(1) of that Act);

“land” includes buildings and monuments, and land covered with water, and in relation to Part 7 must be read in accordance with section 159;

“LNG facility” must be read in accordance with section 18(3);

“local planning authority” has the same meaning as in TCPA 1990 (see section 336(1) of that Act);

“monument” has the same meaning as in the Ancient Monuments and Archaeological Areas Act 1979 (c. 46) (see section 61 of that Act);

“nationally significant infrastructure project” has the meaning given by Part 3;

“national policy statement” has the meaning given by section 5(2);

“natural gas” means any gas derived from natural strata (including gas originating outside the United Kingdom);

“navigable watercourse” has the same meaning as in Part 6 of the Highways Act 1980 (see section 111(1) of that Act);

“non-navigable watercourse” means a watercourse that is not a navigable watercourse;

“pipe-line” has the meaning given by section 65 of the Pipe-lines Act 1962 (c. 58);

“planning permission” means permission under Part 3 or, in relation to England, Part 13 of TCPA 1990;

“prescribed” means prescribed by regulations made by the Secretary of State (except in relation to matters authorised or required by this Act to be prescribed in another way);

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