The Community Infrastructure Levy Regulations 2010

• (4) Where an appeal under this regulation is allowed the appointed person may quash or recalculate the surcharge which is the subject of the appeal.

Deemed commencement

118

• (1) A person on whom a demand notice is served which states a deemed commencement date may appeal to the appointed person on the ground that the collecting authority has incorrectly determined that date.

• (2) An appeal under this regulation must be made before the end of the period of 28 days beginning with the day on which the demand notice is issued.

• (3) Paragraphs (4) to (6) apply where an appeal under this regulation is allowed.

• (4) All demand notices issued by the collecting authority in respect of the relevant development before the appeal was allowed cease to have effect.

• (5) The appointed person must determine a revised deemed commencement date for the relevant development.

• (6) The appointed person may quash a surcharge imposed by the collecting authority on the appellant.

CIL stop notices

119

• (1) A person who is aggrieved at a decision of a collecting authority to impose a CIL stop notice may appeal to the appointed person on either (or both) of the following grounds—

• (a) that the collecting authority did not serve a warning notice before imposing the CIL stop notice; or

• (b) that the chargeable development in respect of which the CIL stop notice was imposed has not commenced.

• (2) A CIL stop notice which is subject to an appeal under this regulation continues to have effect while the appeal is outstanding.

• (3) An appeal under this regulation must be made before the end of the period of 60 days beginning with the day on which the CIL stop notice takes effect.

• (4) On an appeal under this regulation the appointed person may—

• (a) correct any defect, error or misdescription in the CIL stop notice; or

• (b) vary the terms of the CIL stop notice,

if the appointed person is satisfied that the correction or variation will not cause injustice to the appellant or any of the interested parties.

• (5) Where an appeal under this regulation is allowed the appointed person may quash the CIL stop notice.

Appeal procedure

120

• (1) An appeal under this Part must—

• (a) be made in writing on a form obtained from the Secretary of State (or a form to substantially the same effect); and

• (b) include the particulars specified or referred to in the form.

• (2) An appellant may withdraw an appeal at any time by giving notice in writing to the appointed person.

• (3) The appointed person must, as soon as practicable after receipt of an appeal, send—

• (a) an acknowledgment of receipt to the appellant in writing, which must include—

• (i) the reference number allocated to the appeal, and

• (ii) the address to which written communications to the appointed person about the appeal are to be sent;

• (b) a copy of the acknowledgement mentioned in sub-paragraph (a) to each interested party together with—

• (i) a copy of the completed appeal form, and

• (ii) notice that written representations in relation to the appeal may be sent to the appointed person before the end of the representations period.

• (4) The completed appeal form comprises the appellant’s representations in relation to the appeal.

• (5) Any written representations from the interested parties in relation to the appeal must be received by the appointed person before the end of the representations period.

• (6) On receipt of an interested party’s representations, the appointed person must, as soon as practicable, send a copy of those representations to the appellant and each of the other interested parties.

• (7) The appointed person must have received any comments the appellant and the interested parties have on each other’s representations in writing within 14 days of the end of the representations period (or such longer period as the appointed person may in any particular case determine) and the appointed person must, as soon as practicable after receipt, send a copy of those comments to each of the other parties to the appeal.

• (8) The appointed person must consider any representations and comments made by the appellant and interested parties.

• (9) The appointed person must notify the appellant and the interested parties in writing of—

• (a) the decision on the appeal; and

• (b) the reasons for the decision.

Costs

121

The appointed person may make orders as to the costs of the parties to the appeal and as to the parties by whom such costs are to be paid.

PART 11 — PLANNING OBLIGATIONS

Limitation on use of planning obligations

122

• (1) This regulation applies where a relevant determination is made which results in planning permission being granted for development.

• (2) Subject to paragraph (2A), a planning obligation may only constitute a reason for granting planning permission for the development if the obligation is—

• (a) necessary to make the development acceptable in planning terms;

• (b) directly related to the development; and

• (c) fairly and reasonably related in scale and kind to the development.

• (2A) Paragraph (2) does not apply in relation to a planning obligation which requires a sum to be paid to a local planning authority in respect of the cost of monitoring (including reporting under these Regulations) in relation to the delivery of planning obligations in the authority’s area, provided—

• (a) the sum to be paid fairly and reasonably relates in scale and kind to the development; and

• (b) the sum to be paid to the authority does not exceed the authority’s estimate of its cost of monitoring the development over the lifetime of the planning obligations which relate to that development.

• (3) In this regulation—

• “planning obligation” means a planning obligation under section 106 of TCPA 1990 and includes a proposed planning obligation; and

• “relevant determination” means a determination made on or after 6th April 2010—under section 70, 73, 76A , 76D, 76E or 77 , 77, 293I or 293J of TCPA 1990⁴³ of an application for planning permission ...; orunder section 79 of TCPA 1990⁴⁴ of an appeal ....

Further limitations on use of planning obligations

123

• (1) This regulation applies where a relevant determination is made which results in planning permission being granted for development.

• (2) A planning obligation may not constitute a reason for granting planning permission for the development to the extent that the obligation provides for the funding or provision of relevant infrastructure (including, subject to paragraph (2B), through requiring a highway agreement to be entered into).

• (2A) Subject to paragraph (2B) a condition falling within either of the following descriptions may not be imposed on the grant of planning permission—

• (a) a condition that requires a highway agreement for the funding or provision of relevant infrastructure to be entered into;

• (b) a condition that prevents or restricts the carrying out of development until a highway agreement for the funding or provision of relevant infrastructure has been entered into.

• (2B) Paragraphs (2) and (2A) do not apply in relation to highway agreements to be entered into with—

• (a) the Minister, for the purposes of section 1(1) of the 1980 Act; ...

• (b) Transport for London ; or

• (c) a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.

• (3) Other than through requiring a highway agreement to be entered into, a planning obligation (“obligation A”) may not constitute a reason for granting planning permission to the extent that—

• (a) obligation A provides for the funding or provision of an infrastructure project or provides for the funding or provision of a type of infrastructure; and

• (b) five or more separate planning obligations that—

• (i) relate to planning permissions granted for development within the area of the charging authority; and

• (ii) which provide for the funding or provision of that project or provide for the funding or provision of that type of infrastructure,

have been entered into on or after 6th April 2010.

• (4) In this regulation—

• “the 1980 Act” means the Highways Act 1980;

• “charging authority” means the charging authority for the area in which the development will be situated;

• “condition”, in relation to a planning permission, has the same meaning as in section 70(1)(a) of TCPA 1990;

• “funding” in relation to the funding of infrastructure, means the provision of that infrastructure by way of funding;

• “determination” means a determination—under section 70, 73, 76A or 77 of TCPA 1990 of an application for planning permission ..., orunder section 79 of TCPA 1990 of an appeal ...;

• “highway agreement” means an agreement under section 278 of the 1980 Act;

• “planning obligation” means a planning obligation under section 106 of TCPA 1990 and includes a proposed planning obligation but does not include a planning obligation that relates to or is connected with the funding or provision of scheduled works within the meaning of Schedule 1 to the Crossrail Act 2008;

• “relevant determination” means—in relation to paragraph (2), a determination made on or after the date when the charging authority’s first charging schedule takes effect, andin relation to paragraph (3), a determination made on or after 6th April 2015 or the date when the charging authority’s first charging schedule takes effect, whichever is earlier; and

• “relevant infrastructure” means— where a charging authority has published on its website a list of infrastructure projects or types of infrastructure that it intends will be, or may be, wholly or partly funded by CIL (other than CIL to which regulation 59E or 59F applies), those infrastructure projects or those types of infrastructure; except where paragraph (c) applies, where no such list has been published, any infrastructure; orin relation to any planning obligation requiring a highway agreement to be entered into or condition falling within paragraph (2A), where no such list has been published, no infrastructure.

PART 12 — MISCELLANEOUS AND TRANSITIONAL PROVISIONS

Payment of CIL by the Crown

124

• (1) CIL payable in accordance with these Regulations by the Chancellor of the Duchy of Lancaster may be raised and paid under section 25 of the Duchy of Lancaster Act 1817⁴⁵ (application of monies) as an expense incurred in improvement of land belonging to Her Majesty in right of the Duchy.

• (2) In the case of land belonging to the Duchy of Cornwall, the purposes authorised by section 8 of the Duchy of Cornwall Management Act 1863⁴⁶ (application of monies) for the advancement of parts of such gross sums mentioned in that section shall include the payment of CIL in accordance with these Regulations.

Enforcement in relation to the Crown and Parliament

125

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

• (2) Regulations 80 to 86 do not apply in relation to CIL payable by persons responsible for administering property belonging to Her Majesty in her private capacity; and this is to be construed as if section 38(3) (meaning of Her Majesty in her private capacity) of the Crown Proceedings Act 1947⁴⁷ were contained in these Regulations.

Service of documents: general

126

• (1) A notice or other document required or authorised to be served, given, submitted or sent under these Regulations may be served, given, submitted or sent in any of the following ways—

• (a) by delivering it to the person on whom it is to be served or to whom it is to be given, submitted or sent;

• (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 the 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 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 paragraph (2), to that person at that address; or

• (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, or

• (iii) by sending it in a prepaid registered letter, 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 paragraph (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

• (c) in a form sufficiently permanent to be used for subsequent reference.

• (3) For the purposes of paragraph (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, submitted, given or supplied by means of a notice or document in printed form.

• (4) Where a notice or document sent by electronic communications is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday, Bank holiday or other public holiday.

• (5) A requirement in these Regulations that any notice, or other document should be in writing is fulfilled where that notice or document fulfils the condition mentioned in paragraph (2), and “written” and cognate expressions must be construed accordingly.

• (6) This regulation is without prejudice to section 233 of the Local Government Act 1972⁴⁸ (general provisions as to service of notices by local authorities).

• (7) Where two or more persons are joint owners of an interest in land, a requirement under these Regulations to serve a notice or other document on an owner of that interest is fulfilled by serving it on any one of the joint owners.

• (8) This regulation is subject to any contrary provision made by these Regulations.

Service of documents on the Crown and Parliament

127

• (1) Any notice or other document required under these Regulations to be served on or given or sent to the Crown must be served on or given or sent to the appropriate Crown authority.

• (2) Regulation 126 does not apply for the purposes of the service, giving or sending of such a notice or document.

• (3) In this regulation “appropriate Crown authority” has the same meaning as in section 227 of PA 2008.

Transitional provision: general

128

• (1) Subject to paragraph (2), liability to CIL does not arise in respect of development if, on the day planning permission is granted for that development, it is situated in an area in which no charging schedule is in effect.

• (2) Where planning permission is granted for development by way of a relevant general consent, liability to CIL does not arise in respect of that development if—

• (a) it is commenced before 6th April 2013; or

• (b) on the day on which it is commenced it is situated in an area in which no charging schedule is in effect.

• (1) Subject to paragraph (2), liability to CIL charged by a charging authority does not arise in respect of development if, on the day planning permission is granted for that development, the authority has no charging schedule in effect.

• (2) Where the planning permission referred to in paragraph (1) is granted for development by way of a relevant general consent, liability to CIL charged by a charging authority does not arise in respect of that development if—

• (a) it is commenced before 6th April 2013; or

• (b) on the day on which it is commenced, the charging authority for the area in which the development is situated has no charging schedule in effect.

• (3) In paragraph (2) “relevant general consent” means—

• (a) a development order made under section 59 of TCPA 1990;

• (b) a local development order adopted under section 61A of TCPA 1990; or

• (c) an enterprise zone scheme adopted under Schedule 32 to the Local Government, Planning and Land Act 1980.

Transitional provision: charging schedule ceases to have effect

129

• (1) This regulation applies where a charging authority determines (in accordance with section 214(3) of PA 2008) that its charging schedule shall cease to have effect.

• (2) A person who would otherwise be liable on commencement of a chargeable development to pay an amount of CIL charged by that authority in respect of that chargeable development will not be liable to pay that amount if the chargeable development is not commenced on or before the day on which the charging authority makes the determination referred to in paragraph (1).

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Ian Austin — Parliamentary Under Secretary of State — Department for Communities and Local Government — 2010-03-22

We consent

Bob Blizzard — Tony Cunningham — Two of the Lords Commissioners of Her Majesty’s Treasury — 2010-03-23

Explanatory note

(This note is not part of these Regulations)

EXPLANATORY NOTE

Part 11 of the Planning Act 2008 (c. 29) (“the Act”) provides for the imposition of a charge to be known as Community Infrastructure Levy (CIL). It specifies who may charge CIL (known as “charging authorities”) and includes outline provision on other aspects of the charge including how liability to pay CIL is incurred, how CIL is charged and collected and the application of CIL to infrastructure and enforcement. These Regulations implement the detail of CIL using powers provided in Part 11 of the Act.

Part 2 of these Regulations defines a number of key terms required by the Act and which are referred to in the Regulations. In particular regulation 5 defines planning permission for the purposes of Part 11 of the Act, regulation 6 modifies the definition of development in section 209(1) of the Act and regulation 7 defines when development is to be treated as commencing for the purposes of CIL.

A charging authority proposing to charge CIL must issue a charging schedule setting the rates and other criteria by reference to which the amount of CIL chargeable in its area is to be determined. Part 3 of these Regulations includes provision relating to the content of charging schedules and their preparation, examination by an independent person and publication. Regulation 14 sets out matters to which a charging authority must and may have regard when setting the rates in its charging schedule.

Part 3 sets out how liability to pay CIL is incurred. Regulation 31 sets out the procedure where a person wishes to assume liability to pay CIL in accordance with section 208(1) of the Act. Where nobody has assumed liability and development has commenced, liability is in most cases apportioned between the owners of the land on which the development will be situated (regulations 33 and 34). Regulation 40 specifies how the amount of CIL payable in respect of a chargeable development (“the chargeable amount”) must be calculated.

Part 6 sets out exemptions and relief from liability to pay CIL. Regulation 42 provides that liability does not arise where the gross internal area of new buildings and enlargements to existing buildings would be less than 100 square metres. Regulations 43 to 48 provide for an exemption and relief from liability for charitable institutions. Regulation 49 to 54 provide for an exemption where a development is to include social housing. These provisions also provide for the withdrawal of relief where development ceases to be eligible for relief (regulations 48 and 53). Regulations 55 to 58 allow a charging authority to grant other relief in exceptional circumstances.

Part 7 sets out how CIL should be spent. Subject to regulations 60 and 61, regulation 59 provides that a charging authority must apply CIL to funding infrastructure to support the development of its area. Infrastructure is defined in section 216(2) of the Act as amended by regulation 63. Regulations 60 and 61 set out the circumstances in which CIL may be applied to administrative expenses, reimburse expenditure already incurred on infrastructure and repay loans. Regulation 62 sets out the reporting requirements with respect to CIL.

Part 8 contains a number of provisions relating to the administration of CIL. In particular regulation 65 requires the collecting authority to issue a liability notice in respect of each chargeable development stating the chargeable amount payable. The collecting authority must also serve a demand notice on each person liable to pay CIL in respect of a chargeable development stating the amounts payable by the person and the dates on which those payments are due. Regulations 70 to 76 contain provision on payment of CIL. In particular regulation 73 allows payment to be made by way of an acquisition of land with the agreement of the charging authority.

Part 9 contains provisions on the enforcement of CIL. Chapter 1 provides for the imposition of surcharges and interest for late payment. Chapter 2 provides for the imposition of a CIL stop notice to stop development until payment of an amount due is forthcoming. Chapter 3 provides for the recovery of CIL which has not been paid. The collecting authority may apply to a magistrates’ court for a liability order, levy distress, apply for a charging order and ultimately apply for a warrant committing a debtor to prison. Chapter 4 contains a number of other enforcement provisions including a power to enter land and a power to prosecute offences.

Part 10 provides for appeals in a number of circumstances. A person may request a review of the calculation of a chargeable amount and, if aggrieved at the decision on review, appeal that decision (regulations 113 and 114). Appeals are also available in respect of apportionment of liability (regulation 115) and a grant of charitable relief (regulation 116). A person may also appeal against the imposition of a surcharge (regulation 117), a determination by the collecting authority of when development is deemed to have commenced (regulation 118) and the imposition of a CIL stop (regulation 119).

Part 11 sets out a number of limitations on the use of planning obligations under section 106 of the Town and Country Planning Act 1990 (c. 8) in respect of CIL liable development.

Part 12 includes provision on collection and enforcement in relation to the Crown, provision on service of documents and transitional provision.

An impact assessment has been prepared in relation to these Regulations. This assessment has been placed in the Library of the House of Commons and copies may be obtained from the Department for Communities and Local Government, Eland House, Bressenden Place, London, SW1E 5DU.

Footnotes

Editorial notes