Planning Act 2008

• (1) If any of the steps specified in a notice of unauthorised development have not been taken before the end of the period for compliance with the notice, the relevant local planning authority may—

• (a) enter the land on which the development has been carried out and take those steps, and

• (b) recover from the person who is then the owner of the land any expenses reasonably incurred by it in doing so.

• (2) Where a notice of unauthorised development has been served in respect of development—

• (a) any expenses incurred by the owner or occupier of the land for the purposes of complying with it, and

• (b) any sums paid by the owner of the land under subsection (1) in respect of expenses incurred by the relevant local planning authority in taking steps required by it,

are to be deemed to be incurred or paid for the use and at the request of the person found guilty of the offence under section 160 or 161.

• (3) Regulations may provide that all or any of the following sections of the Public Health Act 1936 (c. 49) are to apply, subject to such adaptations and modifications as may be specified in the regulations, in relation to any steps required to be taken by a notice of unauthorised development—

• section 276 (power of local authorities to sell materials removed in executing works under that Act subject to accounting for the proceeds of sale);

• section 289 (power to require the occupier of any premises to permit works to be executed by the owner of the premises);

• section 294 (limit on liability of persons holding premises as agents or trustees in respect of the expenses recoverable under that Act).

• (4) Regulations under subsection (3) applying all or any of section 289 of that Act may include adaptations and modifications for the purpose of giving the owner of land to which such a notice relates the right, as against all other persons interested in the land, to comply with the requirements of the notice.

• (5) Regulations under subsection (3) may also provide for the charging on the land on which the development is carried out of any expenses recoverable by the relevant local planning authority under subsection (1).

• (6) A person commits an offence if the person wilfully obstructs a person acting in the exercise of powers under subsection (1).

• (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Injunctions

Injunctions

171

• (1) A local planning authority may apply to the court for an injunction if it considers it necessary or expedient for any actual or apprehended prohibited activity to be restrained by injunction.

• (2) Prohibited activity means activity that constitutes an offence under section 160 or 161 in relation to land in the area of the local planning authority.

• (3) On an application under this section the court may grant such an injunction as the court thinks fit for the purpose of restraining the prohibited activity.

• (4) In this section “the court” means the High Court or the county court.

Isles of Scilly

Isles of Scilly

172

• (1) The Secretary of State may by order provide for the exercise by the Council of the Isles of Scilly in relation to land in the Council's area of any functions exercisable by a local planning authority under any provision of this Part.

• (2) Before making an order under this section the Secretary of State must consult the Council of the Isles of Scilly.

The relevant local planning authority

The relevant local planning authority

173

• (1) This section applies for the purposes of this Part.

• (2) The relevant local planning authority in relation to any land is the local planning authority for the area in which the land is situated.

This is subject to subsections (3) to (5).

• (3) Subsections (4) and (5) apply if the land is in an area for which there is both a district planning authority and a county planning authority.

• (4) If any of the relevant development is the construction or alteration of a hazardous waste facility within section 14(1)(p), the relevant local planning authority is the county planning authority.

• (5) In any other case, the relevant local planning authority is the district planning authority.

• (6) “The relevant development” is—

• (a) if the relevant offence is an offence under section 160 or 161(1)(a), the development referred to in section 160(1) or 161(1)(a);

• (b) if the relevant offence is an offence under section 161(1)(b), the development to which the order granting development consent mentioned in section 161(1)(b) relates.

• (7) “The relevant offence” is the offence by reference to which a provision of this Part confers a function on a local planning authority.

Part 9 — Changes to existing planning regimes

Chapter 1 — Changes related to development consent regime

Planning obligations

Planning obligations

174

• (1) TCPA 1990 is amended as follows.

• (2) In section 106 (planning obligations)—

• (a) after subsection (1) insert—

(1A) In the case of a development consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Planning Act 2008.

;

• (b) in subsection (9) after paragraph (a) insert—

(aa) if the obligation is a development consent obligation, contains a statement to that effect;

;

• (c) after subsection (13) insert—

(14) In this section and section 106A “development consent obligation” means a planning obligation entered into in connection with an application (or a proposed application) for an order granting development consent.

• (3) In section 106A(11) (modification and discharge of planning obligations: meaning of “the appropriate authority”) after paragraph (a) insert—

(aa) the Secretary of State, in the case of any development consent obligation where the application in connection with which the obligation was entered into was (or is to be) decided by the Secretary of State; (ab) the Infrastructure Planning Commission, in the case of any other development consent obligation;

.

• (4) In section 106B(1) (appeals) after “an authority” insert “ (other than the Secretary of State or the Infrastructure Planning Commission) ”.

• (5) After section 106B insert—

(106C) (1) A court may entertain proceedings for questioning a failure by the Secretary of State or the Infrastructure Planning Commission to give notice as mentioned in section 106A(7) only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed during the period of 6 weeks beginning with the day on which the period prescribed under section 106A(7) ends. (2) A court may entertain proceedings for questioning a determination by the Secretary of State or the Infrastructure Planning Commission that a planning obligation shall continue to have effect without modification only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed during the period of 6 weeks beginning with the day on which notice of the determination is given under section 106A(7).

Blighted land

Blighted land: England and Wales

175

• (1) TCPA 1990 is amended as follows.

• (2) In Schedule 13 (blighted land) after paragraph 23 insert—

(24) Land falls within this paragraph if— (a) the compulsory acquisition of the land is authorised by an order granting development consent, or (b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by an order granting development consent are exercisable, or (c) an application for an order granting development consent seeks authority to compulsorily acquire the land. (25) Land falls within this paragraph if the land is in a location identified in a national policy statement as suitable (or potentially suitable) for a specified description of development. Land ceases to fall within this paragraph when the national policy statement— (a) ceases to have effect, or (b) ceases to identify the land as suitable or potentially suitable for that description of development.

• (3) In section 150(1)(b) (notices requiring purchase of blighted land)—

• (a) for “21 or” insert “ 21, ”,

• (b) after “notes)” insert “ or paragraph 24 ”, and

• (c) after “Schedule 13 and” insert “ (except in the case of land falling within paragraph 24(c) of that Schedule) ”.

• (4) In section 151 (counter-notices objecting to blight notices) after subsection (7) insert—

(7A) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 25 of Schedule 13 do not include those mentioned in subsection (4)(b).

• (5) After section 165 (power of Secretary of State to acquire land affected by orders relating to new towns etc. where blight notice served) insert—

(165A) Where a blight notice has been served in respect of land falling within paragraph 25 of Schedule 13, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.

• (6) In section 169 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 6) after subsection (5) insert—

(6) In relation to land falling within paragraph 25 of Schedule 13, “the appropriate authority” is— (a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker; (b) in any other case, the Secretary of State. (7) If any question arises by virtue of subsection (6)— (a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or (b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes, that question shall be referred to the Secretary of State, whose decision shall be final. (8) In subsections (6) and (7) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 11.

• (7) In section 170 (“appropriate enactment” for purposes of Chapter 2) after subsection (8) insert—

(8A) In relation to land falling within paragraph 24(a) or (b) of that Schedule, “the appropriate enactment” is the order granting development consent. (8B) In relation to land falling within paragraph 24(c) of that Schedule, “the appropriate enactment” is an order in the terms of the order applied for. (8C) In relation to land falling within paragraph 25 of that Schedule, “the appropriate enactment” is section 165A.

• (8) In section 171(1) (general interpretation of Chapter 2 of Part 6) at the appropriate place insert—

“national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;

.

Blighted land: Scotland

176

• (1) The Town and Country Planning (Scotland) Act 1997 (c. 8) is amended as follows.

• (2) In Schedule 14 (blighted land) after paragraph 16 insert—

(17) (1) This paragraph applies to land which relates to the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line— (a) one end of which is in England or Wales, and (b) the other end of which is in Scotland, where one of the following conditions is met. (2) The conditions are— (a) the compulsory acquisition of the land is authorised by an order granting development consent under the Planning Act 2008, (b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by such an order are exercisable, (c) an application for such an order seeks authority to compulsorily acquire the land. (18) This paragraph applies to land which is in a location identified in a national policy statement as suitable (or potentially suitable) for the construction (other than by a gas transporter) of an oil or gas cross-country pipe-line— (a) one end of which is in England or Wales, and (b) the other end of which is in Scotland. Land ceases to be within this paragraph when the national policy statement— (a) ceases to have effect, or (b) ceases to identify the land as suitable or potentially suitable for the construction of such a pipe-line.

• (3) In section 100 (scope of Chapter 2 of Part 5) after subsection (5) insert—

(5A) In the application of subsections (3)(a) and (4) in relation to land to which paragraph 17 or 18 of Schedule 14 applies, references to the Scottish Ministers are to be read as references to the Secretary of State.

• (4) In section 101(1)(b) (notices requiring purchase of blighted land)—

• (a) for “or 15” substitute “ , 15 or 17 ”, and

• (b) after “Schedule 14 and” insert “ (except in the case of land falling within paragraph 17 by virtue of paragraph 17(2)(c)) ”.

• (5) In section 102 (counter-notices objecting to blight notices) after subsection (7) insert—

(7A) An objection may not be made on the ground mentioned in paragraph (b) of subsection (4) in a counter-notice to a blight notice served by virtue of paragraph 18 of Schedule 14.

• (6) After section 116 insert—

(116A) Where a blight notice has been served in respect of land falling within paragraph 18 of Schedule 14, the Secretary of State has power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.

• (7) In section 120 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 5) after subsection (4) insert—

(5) In relation to land falling within paragraph 18 of Schedule 14, “the appropriate authority” is— (a) if the national policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker; (b) in any other case, the Secretary of State. (6) If any question arises by virtue of subsection (5)— (a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Secretary of State or a statutory undertaker; or (b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes, that question shall be referred to the Secretary of State, whose decision shall be final. (7) In subsections (5) and (6) “statutory undertaker” means a person who is, or is deemed to be, a statutory undertaker for the purposes of any provision of Part 10.

• (8) In section 121 (“appropriate enactment” for purposes of Chapter 2) after subsection (7) insert—

(7A) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(a) or (b), “the appropriate enactment” means the order granting development consent. (7B) In relation to land falling within paragraph 17 of that Schedule by virtue of paragraph 17(2)(c), “the appropriate enactment” means an order in the terms of the order applied for. (7C) In relation to land falling within paragraph 18 of that Schedule, “the appropriate enactment” means section 116A.

• (9) In section 122 (general interpretation of Chapter 2 of Part 5)—

• (a) after the definition of “crofter” insert—

“cross-country pipe-line” has the meaning given by section 66 of the Pipe-lines Act 1962 (c. 58); “gas transporter” has the same meaning as in Part 1 of the Gas Act 1986 (see section 7(1) of that Act);

, and

• (b) after the definition of “hereditament” insert—

“national policy statement” has the meaning given by section 5(2) of the Planning Act 2008;

.

Grants

Grants for advice and assistance: England and Wales

177

In section 304A(1) of TCPA 1990 (grants for assisting the provision of advice and assistance in connection with planning matters), after paragraph (b) insert—

(ba) the Planning Act 2008;

.

Grants for advice and assistance: Scotland

178

• (1) The Secretary of State may make grants for the purpose of assisting any person to provide advice and assistance in connection with any matter which is related to the application of this Act to Scotland.

• (2) The Secretary of State may, as respects any such grant, provide that it is to be subject to such terms and conditions as the Secretary of State thinks appropriate.

Chapter 2 — Other changes to existing planning regimes

Regional functions

Delegation of functions of regional planning bodies

179

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

Local development

Local development documents

180

• (1) PCPA 2004 is amended as follows.

• (2) In section 15(2) (matters which must be specified in local development scheme)—

• (a) omit paragraph (a);

• (b) before paragraph (b) insert—

(aa) the local development documents which are to be development plan documents;

;

• (c) in paragraph (b) for “document” substitute “ development plan document ”;

• (d) omit paragraph (c);

• (e) in paragraphs (d) and (f) for “documents” substitute “ development plan documents ”.

• (3) In section 17 (local development documents)—

• (a) omit subsections (1) and (2);

• (b) in subsection (3) for “The local development documents” substitute “ The local planning authority's local development documents ”;

• (c) in subsection (4) for the words before “in relation to development which is a county matter” substitute “ Where a county council is required to prepare a minerals and waste development scheme in respect of an area, the council's local development documents must (taken as a whole) set out the council's policies (however expressed) for that area ”;

• (d) in subsection (7), before paragraph (a) insert—

(za) which descriptions of documents are, or if prepared are, to be prepared as local development documents;

.

• (4) In section 18 (statements of community involvement)—

• (a) for subsection (3) substitute—

(3) For the purposes of this Part (except sections 19(2) and 24) the statement of community involvement is a local development document. This is subject to section 17(8).

;

• (b) after subsection (3) insert—

(3A) The statement of community involvement must not be specified as a development plan document in the local development scheme.

;

• (c) omit subsections (4) to (6).

• (5) In section 19 (preparation of local development documents)—

• (a) in subsection (1) for “Local development documents” substitute “ Development plan documents ”;

• (b) in subsection (2) after “In preparing a” insert “ development plan document or any other ”;

• (c) in subsection (3) for “other local development documents” substitute “ local development documents (other than their statement of community involvement) ”;

• (d) in subsection (5) for “document” substitute “ development plan document ”.

• (6) In section 37 (interpretation of Part 2)—

• (a) in subsection (2) for “section 17” substitute “ sections 17 and 18(3) ”;

• (b) for subsection (3) substitute—

(3) A development plan document is a local development document which is specified as a development plan document in the local development scheme.

• (7) In section 38 (development plan) after subsection (8) insert—

(9) Development plan document must be construed in accordance with section 37(3).

Climate change

Regional spatial strategies: climate change policies

181

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

Development plan documents: climate change policies

182

In section 19 of PCPA 2004 (preparation of local development documents) after subsection (1) insert—

(1A) Development plan documents must (taken as a whole) include policies designed to secure that the development and use of land in the local planning authority's area contribute to the mitigation of, and adaptation to, climate change.

Good design

Good design

183

In section 39 of PCPA 2004 (sustainable development) after subsection (2) insert—

(2A) For the purposes of subsection (2) the person or body must (in particular) have regard to the desirability of achieving good design.

Correction of errors

Correction of errors in decisions

184

In section 56(3)(c) of PCPA 2004 (appropriate consent required for correction of errors) at the beginning insert “ in a case where the decision document relates to the exercise of a function in relation to Wales, ”.

Validity of strategies, plans and documents

Power of High Court to remit strategies, plans and documents

185

In section 113 of PCPA 2004 (validity of strategies, plans and documents) for subsection (7) substitute—

(7) The High Court may— (a) quash the relevant document; (b) remit the relevant document to a person or body with a function relating to its preparation, publication, adoption or approval. (7A) If the High Court remits the relevant document under subsection (7)(b) it may give directions as to the action to be taken in relation to the document. (7B) Directions under subsection (7A) may in particular— (a) require the relevant document to be treated (generally or for specified purposes) as not having been approved or adopted; (b) require specified steps in the process that has resulted in the approval or adoption of the relevant document to be treated (generally or for specified purposes) as having been taken or as not having been taken; (c) require action to be taken by a person or body with a function relating to the preparation, publication, adoption or approval of the document (whether or not the person or body to which the document is remitted); (d) require action to be taken by one person or body to depend on what action has been taken by another person or body. (7C) The High Court's powers under subsections (7) and (7A) are exercisable in relation to the relevant document— (a) wholly or in part; (b) generally or as it affects the property of the applicant.

Power of High Court to remit unitary development plans in Wales

186

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

Determination of applications

Power to decline to determine applications: amendments

187

Schedule 7 (power to decline to determine applications: amendments) has effect.

Planning permission

Local development orders: removal of requirement to implement policies

188

• (1) Section 61A of TCPA 1990 (local development orders) is amended as set out in subsections (2) and (3).

• (2) Omit subsection (1) (requirement to implement policies).

• (3) In subsection (2) for “A local development order may” substitute “ A local planning authority may by order (a local development order) ”.

• (4) In paragraph 2 of Schedule 4A to TCPA 1990 (revision of local development orders) omit sub-paragraphs (4) and (5).

Compensation where development order or local development order withdrawn

189

• (1) Section 108 of TCPA 1990 (compensation for refusal or conditional grant of planning permission formerly granted by development order or local development order) is amended as follows.

• (2) After subsection (2) insert—

(2A) Where— (a) planning permission granted by a development order for development in England of a prescribed description is withdrawn by the issue of directions under powers conferred by the order, or (b) planning permission granted by a local development order for development in England is withdrawn by the issue of directions under powers conferred by the order, this section applies only if the application referred to in subsection (1)(b) is made before the end of the period of 12 months beginning with the date on which the directions took effect.

• (3) After subsection (3A) insert—

(3B) This section does not apply if— (a) in the case of planning permission granted by a development order, the condition in subsection (3C) is met; (b) in the case of planning permission granted by a local development order, the condition in subsection (3D) is met. (3C) The condition referred to in subsection (3B)(a) is that— (a) the planning permission is granted for development in England of a prescribed description, (b) the planning permission is withdrawn in the prescribed manner, (c) notice of the withdrawal was published in the prescribed manner not less than 12 months or more than the prescribed period before the withdrawal took effect, and (d) either— (i) the development authorised by the development order had not started before the notice was published, or (ii) the development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn. (3D) The condition referred to in subsection (3B)(b) is that— (a) the planning permission is granted for development in England, (b) the planning permission is withdrawn by the revocation or amendment of the local development order, or by the issue of directions under powers conferred by the local development order, (c) notice of the revocation, amendment or directions was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation, amendment or directions (as the case may be) took effect, and (d) either— (i) the development authorised by the local development order had not started before the notice was published, or (ii) the local development order includes provision in pursuance of section 61D permitting the development to be completed after the permission is withdrawn.

• (4) After subsection (4) insert—

(5) Regulations under this section prescribing a description of development may (in particular) do so by reference to one or more classes or descriptions of development specified in a development order. (6) In this section “prescribed” means prescribed by regulations made by the Secretary of State.

Power to make non-material changes to planning permission

190

• (1) TCPA 1990 is amended as follows.

• (2) After section 96 insert—

(96A) (1) A local planning authority in England may make a change to any planning permission relating to land in their area if they are satisfied that the change is not material. (2) In deciding whether a change is material, a local planning authority must have regard to the effect of the change, together with any previous changes made under this section, on the planning permission as originally granted. (3) The power conferred by subsection (1) includes power— (a) to impose new conditions; (b) to remove or alter existing conditions. (4) The power conferred by subsection (1) may be exercised only on an application made by or on behalf of a person with an interest in the land to which the planning permission relates. (5) An application under subsection (4) must be made in the form and manner prescribed by development order. (6) Subsection (7) applies in relation to an application under subsection (4) made by or on behalf of a person with an interest in some, but not all, of the land to which the planning permission relates. (7) The application may be made only in respect of so much of the planning permission as affects the land in which the person has an interest. (8) A local planning authority must comply with such requirements as may be prescribed by development order as to consultation and publicity in relation to the exercise of the power conferred by subsection (1).

• (3) In section 5(3) (purposes for which Broads Authority is the sole local district planning authority) for “97” substitute “ 96A ”.

• (4) In section 69(1) (register of applications etc)—

• (a) after paragraph (a) insert—

(aa) applications for non-material changes to planning permission under section 96A;

,

• (b) in subsection (2)(a) after “(1)(a)” insert “ and (aa) ”, and

• (c) in subsection (4) after “(1)(a)” insert “ , (aa) ”.

• (5) In section 286(1) (challenges to validity on ground of authority's powers) after paragraph (a) insert—

(aa) an application for non-material changes to planning permission under section 96A;

.

• (6) In Schedule 1 (local planning authorities: distribution of functions), in paragraph 3(1), after paragraph (a) insert—

(aa) applications for non-material changes to planning permission under section 96A;

.

Validity of planning decisions

Validity of orders, decisions and directions

191

• (1) Section 284(3) of TCPA 1990 (validity of certain actions on the part of the Secretary of State) is amended as follows.

• (2) Before paragraph (a) insert—

(za) any decision on an application referred to the Secretary of State under section 76A;

.

• (3) In paragraph (a) omit “for planning permission”.

Trees

Tree preservation orders

192

• (1) Chapter 1 of Part 8 of TCPA 1990 (special controls: trees) is amended as follows.

• (2) In section 198 (power to make tree preservation orders) omit—

• (a) subsections (3) and (4) (provision that may be made by tree preservation orders),

• (b) subsection (6) (matters to which tree preservation orders do not apply), and

• (c) subsections (8) and (9) (power to make provision about application for consent under tree preservation order).

• (3) Omit section 199 (form of and procedure applicable to tree preservation orders).

• (4) Omit section 201 (provisional tree preservation orders).

• (5) In section 202 (power for Secretary of State or Welsh Ministers to make tree preservation orders), omit subsection (3) (procedure applicable to orders made by Secretary of State or Welsh Ministers).

• (6) Omit sections 203 to 205 (compensation in connection with tree preservation orders).

• (7) After section 202 insert—

(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

• (c) the Council of the Isles of Scilly is the only charging authority for the Isles of Scilly.

• (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,

• (c) a district 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;

• (c) assumption of partial liability (and subsection (4)(a) applies where liability has not been wholly assumed);

• (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);

• (c) other actual and expected sources of funding for infrastructure.

• (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);