190 Power to make non-material changes to planning permission
(1) TCPA 1990 is amended as follows.
(2) After section 96 insert—
Non-material changes to planning permission
Power to make non-material changes to planning permission
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;
.
(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”.
(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—
Tree preservation regulations: general
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.
Tree preservation regulations: making of tree preservation orders
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.
Tree preservation regulations: prohibited activities
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.
Tree preservation regulations: consent for prohibited activities
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).
Tree preservation regulations: compensation
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.
Tree preservation regulations: registers
202F Tree preservation regulations may make provision for the keeping of, and public access to, registers containing information related to tree preservation orders.
Tree preservation regulations: supplementary
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.
193 Existing tree preservation orders: transitional provision
(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, and
in 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.
194 Use of land: power to override easements and other rights
(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.
195 Applications and appeals by statutory undertakers
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).
196 Determination of procedure for certain proceedings
(1) After section 319 of TCPA 1990 insert—
Determination of procedure
Determination of procedure for certain proceedings
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—
Determination of procedure for certain proceedings
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—
Determination by Secretary of State of procedure for certain proceedings
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.
(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.
For section 303 of TCPA 1990 substitute—
Fees for planning applications etc.
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.
In TCPA 1990 after section 303 insert—
Fees for appeals
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.
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;
.
(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.
204 Wales: transitional provision in relation to blighted land
(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).
(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”.
(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.
(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.
(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.
(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.
(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.
(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);
(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,
(c) provision as to evidence that is to be taken to be available,
(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.
(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).
(1) This section applies in relation to the examination, under section 212, of a draft charging schedule.
(2) If the examiner considers—
(a) that there is any respect in which the drafting requirements have not been complied with, and
(b) that the non-compliance with the drafting requirements cannot be remedied by the making of modifications to the draft,
the examiner must recommend that the draft be rejected.
(3) Subsection (4) applies if the examiner considers—
(a) that there is any respect in which the drafting requirements have not been complied with, and
(b) that the non-compliance with the drafting requirements could be remedied by the making of modifications to the draft.
(4) The examiner must—
(a) specify the respects in which the drafting requirements have not been complied with,
(b) recommend modifications that the examiner considers sufficient and necessary to remedy that non-compliance, and
(c) recommend that the draft be approved with—
(i) those modifications, or
(ii) other modifications sufficient and necessary to remedy that non-compliance.
(5) Subject to subsections (2) to (4), the examiner must recommend that the draft be approved.
(6) If the examiner makes recommendations under subsection (4), the examiner may recommend other modifications with which the draft should be approved in the event that it is approved.
(7) If the examiner makes recommendations under subsection (5), the examiner may recommend modifications with which the draft should be approved in the event that it is approved.
(8) For exceptions to this section see section 211(11).
(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).
(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).
214A Secretary of State: power to require review of certain charging schedules
(1) This section applies where—
(a) a charging schedule makes provision for the purpose of determining the amount of CIL chargeable in respect of street vote development, and
(b) section 211(11) applied in relation to the charging schedule or the revision of the charging schedule in connection with making such provision.
(2) The Secretary of State may direct a charging authority to review the charging schedule if the Secretary of State considers that—
(a) the economic viability of street vote development in the charging authority’s area is significantly impaired, or
(b) there is a substantial risk that it will become significantly impaired,
as a result of the CIL which is or will be chargeable in respect of street vote development in that area.
(3) If a charging authority is directed to review its charging schedule under subsection (2), it must—
(a) consider whether to revise the charging schedule under section 211(9), and
(b) notify the Secretary of State of its decision with reasons.
(4) If the charging authority decides to revise the charging schedule, it must do so within a reasonable time.
(5) If a charging authority has not complied with a direction given under subsection (2) within a reasonable time and to a standard which the Secretary of State considers adequate, the Secretary of State may appoint a person to do so on behalf of the charging authority.
(6) If a person appointed under subsection (5) decides that the charging schedule should be revised, the charging authority must revise the schedule accordingly within a reasonable time.
(7) If the charging authority fails to revise the charging schedule in accordance with subsection (4) or (6), the Secretary of State may appoint a person to do so on behalf of the charging authority.
(8) CIL regulations may make provision about—
(a) procedures for appointing a person under subsection (5) or (7),
(b) conditions which must be met before such an appointment may be made,
(c) procedures which must be followed by the person in complying with a direction given under subsection (2) or revising the charging schedule under subsection (7),
(d) circumstances in which the person may be replaced,
(e) duties of a charging authority where a person is appointed to act on its behalf under subsection (5) or (7),
(f) liability for costs incurred as a result of the appointment of the person, and
(g) what constitutes a reasonable time under subsections (4) to (6).
(9) In this section “street vote development” has the meaning given by section 211(12).
(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
(c) the payment of fees, and award of costs, in relation to an appeal.
(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).
(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,
(c) schools and other educational facilities,
(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
(c) what is to be, or not to be, treated as funding.
(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;
(c) require a charging authority to report on actual or expected charging, collection and application of CIL;
(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, and
any other description of housing that CIL regulations may specify;
“street vote development” has the meaning given by section 211(12).
(1) CIL regulations may require that CIL received in respect of development of land in an area is to be passed by the charging authority that charged the CIL to a person other than that authority.
(2) CIL regulations must contain provision to secure that money passed to a person in discharge of a duty under subsection (1) is used to support the development of the area to which the duty relates, or of any part of that area, by funding—
(a) the provision, improvement, replacement, operation or maintenance of infrastructure, or
(b) anything else that is concerned with addressing demands that development places on an area.
(3) A duty under subsection (1) may relate to—
(a) the whole of a charging authority's area or the whole of the combined area of two or more charging authorities, or
(b) part only of such an area or combined area.
(4) CIL regulations may make provision about the persons to whom CIL may or must, or may not, be passed in discharge of a duty under subsection (1).
(5) A duty under subsection (1) may relate—
(a) to all CIL (if any) received in respect of the area to which the duty relates, or
(b) such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.
(6) CIL regulations may make provision in connection with the timing of payments in discharge of a duty under subsection (1).
(7) CIL regulations may, in relation to CIL passed to a person in discharge of a duty under subsection (1), make provision about—
(a) accounting for the CIL,
(b) monitoring its use,
(c) reporting on its use,
(d) responsibilities of charging authorities for things done by the person in connection with the CIL,
(e) recovery of the CIL, and any income or profits accruing in respect of it or from its application, in cases where—
(i) anything to be funded by it has not been provided, or
(ii) it has been misapplied,
including recovery of sums or other assets representing it or any such income or profits, and
(f) use of anything recovered in cases where—
(i) anything to be funded by the CIL has not been provided, or
(ii) the CIL has been misapplied.
(8) This section does not limit section 216(7)(f).
216B Use of CIL in an area to which section 216A(1) duty does not relate
(1) Subsection (2) applies where—
(a) there is an area to which a particular duty under section 216A(1) relates, and
(b) there is also an area to which that duty does not relate (“the uncovered area”).
(2) CIL regulations may provide that the charging authority that charges CIL received in respect of development of land in the uncovered area may apply the CIL, or cause it to be applied, to—
(a) support development by funding the provision, improvement, replacement, operation or maintenance of infrastructure, or
(b) support development of the uncovered area, or of any part of that area, by funding anything else that is concerned with addressing demands that development places on an area.
(3) Provision under subsection (2) may relate to the whole, or part only, of the uncovered area.
(4) Provision under subsection (2) may relate—
(a) to all CIL (if any) received in respect of the area to which the provision relates, or
(b) such part of that CIL as is specified in, or determined under or in accordance with, CIL regulations.
(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.
(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;
(c) for the suspension or cancellation of a decision relating to planning permission;
(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;
(c) for enforcement of local land charges (including, in particular, for enforcement—
(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
(c) imprisonment for a term exceeding 2 years, on conviction on indictment.
(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.
(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.
(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;
(c) procedures to be followed by a charging authority proposing to stop 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;
(c) requiring a charging authority or other person to keep a record 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).
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.
(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,
(c) may provide, or allow a charging schedule to provide, for exceptions,
(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.
(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,
(c) for a purpose specified in the regulations, or
(d) to an extent specified in the regulations.
(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).
(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).