Legalize / United Kingdom / Statutory-Instrument

The Community Infrastructure Levy Regulations 2010

Type Statutory-Instrument

Publication 2010-03-23

Last updated 2026-03-25

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(4) The CIL stop notice must be in writing and must—

(a) state the date on which it is to take effect;

(b) set out the authority’s reasons for issuing the notice;

(d) state that payment of the unpaid amount is due in full immediately;

(e) specify the relevant activity which must cease; and

(f) specify the possible consequences of failure to comply with the notice.

(5) In paragraph (4)(e) “relevant activity” means any activity connected with the chargeable development which is specified in the CIL stop notice as an activity which the collecting authority requires to cease, and any activity carried out as part of that activity or associated with that activity.

(6) The collecting authority must display a copy of the CIL stop notice on the relevant land.

(7) A CIL stop notice does not prohibit any works on the relevant land which are necessary in the interests of health and safety.

(8) A CIL stop notice has effect from the date specified in the notice until the date it is withdrawn by the collecting authority.

Withdrawal of a CIL stop notice

91

(1) A collecting authority may withdraw a CIL stop notice at any time (without prejudice to its power to issue another) by serving written notice to that effect on the persons served with the CIL stop notice.

(2) A collecting authority must withdraw a CIL stop notice when the unpaid amount stated in the notice is paid in full to the collecting authority.

(3) A collecting authority which withdraws a CIL stop notice must display a notice of the withdrawal on the relevant land in place of the CIL stop notice.

(4) A CIL stop notice ceases to have effect on the day the collecting authority serves notice of its withdrawal.

Registration of a CIL stop notice

92

(1) The register kept under section 188 of TCPA 1990 (register of enforcement and stop notices) must, in addition to the information specified in subsection (1) of that section, include the following information in respect of every CIL stop notice issued in relation to land in the area of the authority maintaining the register—

(a) the address of the land to which the notice relates or a plan by reference to which its location can be ascertained;

(b) details of the relevant planning permission sufficient to enable it to be identified;

(d) the date of issue of the notice;

(e) the date of service of the notice;

(f) the date specified in the notice as the date on which it is to take effect; and

(g) a statement or summary of the activity prohibited by the notice.

(2) All entries relating to a CIL stop notice must be removed from the register if the notice is withdrawn or quashed.

(3) Where a collecting authority which does not maintain a register issues a CIL stop notice it must—

(a) supply the information specified in paragraph (1) to the authority which maintains the register for the land to which the notice relates; and

(b) inform that authority in writing if the CIL stop notice is withdrawn or quashed.

(4) The information specified in paragraph (1) must be entered in the register as soon as practicable and in any event before the end of the period of 14 days beginning with the day on which the CIL stop notice is issued.

Offence

93

(1) A person commits an offence if the person contravenes a CIL stop notice—

(a) which has been served on that person; or

(b) a copy of which has been displayed in accordance with regulation 90(6).

(2) Contravention of a CIL stop notice includes causing or permitting the contravention of the notice.

(3) An offence under this regulation may be charged by reference to a day or a longer period of time.

(4) A person may be convicted of more than one such offence in relation to the same CIL stop notice by reference to different days or periods of time.

(5) It is a defence for a person charged with an offence under this regulation to prove that—

(a) the CIL stop notice was not served on the person; and

(b) the person did not know, and could not reasonably have been expected to know, of its existence.

(6) A person convicted of an offence under this regulation is liable on summary conviction, or on conviction on indictment, to a fine.

(7) In determining the amount of the fine the court must have regard in particular to any financial benefit which has accrued or has appeared to accrue to the person convicted in consequence of the offence.

Injunctions

94

(1) A collecting authority may apply to the court for an injunction if it considers it necessary or expedient for any actual or apprehended breach of a CIL stop notice to be restrained by injunction.

(2) On an application under this regulation the court may grant such an injunction as the court thinks fit for the purpose of restraining the breach.

(3) In this regulation “the court” means the High Court or a county court.

CHAPTER 3 — RECOVERY OF CIL

Interpretation and application of Chapter 3

95

(1) In this Chapter—

“authority concerned” means the collecting authority which applied for one or more liability orders against a debtor under regulation 97;

“charging order” means an order under regulation 103;

“debtor” means a person against whom a liability order has been made;

“enforcement agent” has the meaning given in Schedule 12;

“liability order” means an order under regulation 97; and

“reminder notice” means a notice served under regulation 96.

“Schedule 12” means Schedule 12 to the Tribunals, Courts and Enforcement Act 2007;

“the Schedule 12 procedure” means the procedure in Schedule 12.

(2) An amount which has become payable to a collecting authority under these Regulations and which has not been paid is recoverable in accordance with this Chapter.

Liability orders: reminder notice

96

(1) Before a collecting authority applies for a liability order it must serve on the person against whom the application is to be made a notice (“reminder notice”) which must state every amount in respect of which the authority is to make the application.

(2) A reminder notice may be served in respect of an amount at any time after it has become due.

Application for liability order

97

(1) Where the amount stated in a reminder notice is wholly or partly unpaid at the end of the period of seven days beginning with the day on which the reminder notice was served, the collecting authority may apply to a magistrates’ court for an order (“liability order”) against the person by whom it is payable.

(2) An application is instituted by making a complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why the person has not paid the outstanding amount.

(3) Section 127(1) of the Magistrates’ Courts Act 1980[^f00044] (limitation of time) does not apply to such an application; but no application may be instituted in respect of an outstanding amount after the period of six years beginning with the day that amount became due.

(4) Section 55(2) of the Magistrates’ Courts Act 1980 (non-appearance of defendant) does not apply to any proceedings under this regulation.

(5) The court must make the liability order if it is satisfied that the amount has become payable by the defendant and has not been paid.

(6) An order made pursuant to paragraph (5) must be made in respect of an amount equal to the aggregate of—

(a) the outstanding amount; and

(b) an amount equal to the costs reasonably incurred by the collecting authority in obtaining the order.

(7) Where the outstanding amount is paid after an order has been applied for under paragraph (2) but before it has been made, the court must nonetheless (if so requested by the collecting authority) make the order in respect of an amount equal to the costs reasonably incurred by the authority in making the application.

(8) A single liability order may deal with one person and one such amount as is mentioned in paragraph (6) and (7) or, if the court thinks fit, may deal with more than one person and more than one such amount.

(9) No liability order may be made in pursuance of a summons issued under paragraph (2) before the end of the period of 14 days beginning with the day on which the summons was served.

(10) The amount in respect of which a liability order is made is enforceable in accordance with this Chapter; and accordingly for the purposes of Part 3 of the Magistrates’ Court Act 1980 (satisfaction and enforcement) it is not to be treated as a sum adjudged to be paid by order of the court.

Distress

98

Where a liability order has been made, payment may be enforced by using the Schedule 12 procedure.

Appeals in connection with distress

99

(1) A person aggrieved by the levy of, or an attempt to levy, a distress may appeal to a magistrates’ court.

(2) The appeal must be instituted by making a complaint to a justice of the peace, and requesting the issue of a summons directed to the authority which levied or attempted to levy the distress to appear before the court to answer to the matter by which the person is aggrieved.

(3) If the court is satisfied that a levy was irregular, it may—

(a) order the goods distrained to be discharged if they are in the possession of the authority;

(b) by order award compensation in respect of any goods distrained and sold.

(4) The amount of compensation that may be awarded under paragraph (3)(b) is an amount equal to the amount which, in the opinion of the court, would be awarded by special damages in respect of the goods if proceedings were brought in trespass or otherwise in connection with the irregularity under regulation 98(11).

(5) If the court is satisfied that an attempted levy was irregular, it may by order require the authority to desist from levying in the manner giving rise to the irregularity.

Commitment to prison

100

(1) A collecting authority may apply to a magistrates’ court for the issue of a warrant committing a debtor to prison where—

(a) the debtor is an individual;

(b) the authority has sought to levy an amount by distress under regulation 98 and the person making the distress reports that they were unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount; and

(b) the authority has sought to enforce payment by use of the Schedule 12 procedure pursuant to regulation 98 and the enforcement agent reports that they were unable (for whatever reason) to find any or sufficient goods of the debtor to enforce payment; and

(c) the authority is able to demonstrate to the court that it is unable to recover the amount payable by the debtor by means of a charging order under regulation 103.

(2) On such an application being made the court must (in the debtor’s presence) inquire as to the debtor’s means and inquire whether the failure to pay the debt which led to the liability order being made against the debtor was due to the debtor’s wilful refusal or culpable neglect.

(3) If (and only if) the court is of the opinion that the failure to pay the debt was due to the debtor’s wilful refusal or culpable neglect it may if it thinks fit—

(a) issue a warrant of commitment against the debtor; or

(b) fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just.

(4) The warrant must be made in respect of the relevant amount; and the relevant amount for this purpose is the aggregate of—

(a) the appropriate amount mentioned in regulation 98(3), or (as the case may be) so much of it as remains outstanding; and

(a) the amount outstanding (within the meaning of Schedule 12); and

(b) a sum of an amount equal to the costs reasonably incurred by the collecting authority in respect of the application.

(5) The warrant—

(a) must state the relevant amount mentioned in paragraph (4);

(b) may be directed to the authority making the application and to such other persons as the court issuing it thinks fit; and

(6) If—

(a) before a warrant has been issued, or a term of imprisonment fixed and the issue of a warrant postponed, an amount determined in accordance with paragraph (7) is paid or tendered to the authority;

(b) after a term of imprisonment has been fixed and the issue of a warrant postponed, any amount the court has ordered the debtor to pay is paid or tendered to the authority; or

the authority must accept the amount concerned, take no further steps as regards its recovery, and the debtor, if committed to prison, must be released.

(7) The amount referred to in paragraph (6)(a) is the aggregate of—

(a) the appropriate amount mentioned in regulation 98(3) (or so much of it as remains outstanding); and

(a) the amount outstanding (within the meaning of Schedule 12); and

(b) the authority’s reasonable costs incurred up to the time of payment or tender.

(8) Subject to paragraphs (9) and (10) the warrant must order that the debtor be imprisoned for a time specified in the warrant (which must not exceed three months) unless the amount stated in the warrant is paid sooner.

(9) Where—

(a) a warrant is issued after a postponement under paragraph (3)(b); and

(b) since the term of imprisonment was fixed but before the issue of the warrant, the amount mentioned in paragraph (4)(a) with respect to which the warrant would (but for the postponement) have been made has been reduced by a part payment,

the period of imprisonment ordered under the warrant must be the term fixed under paragraph (3) reduced by such numbers of days as bears to the total number of days in that term less one day the same proportion as the part paid bears to that amount.

(10) Where, after the issue of a warrant, a part payment of the amount stated in it is made, the period of imprisonment must be reduced by such number of days as bears to the total number of days in the term of imprisonment specified in the warrant less one day the same proportion as the part paid bears to the amount so stated.

(11) In calculating a reduction required under paragraphs (9) and (10)—

(a) any fraction of a day must be left out of account; and

(b) rule 55(1), (2) and (3) of the Magistrates’ Courts Rules 1981[^f00047] (payment after imprisonment imposed) applies (so far as is relevant) to a part payment as if the imprisonment concerned were imposed for want of sufficient distress to satisfy a sum adjudged to be paid by a magistrates’ court.

Commitment to prison: further provision

101

(1) A single warrant may not be issued under regulation 100 against more than one person.

(2) Where an application under regulation 100 has been made, and after the making of the inquiries mentioned in paragraph (2) of that regulation no warrant is issued or term of imprisonment fixed, the court may remit all or part of the appropriate amount mentioned in regulation 98(3) the amount outstanding (within the meaning of Schedule 12) to which the application relates.

(3) Where an application under regulation 100 has been made but no warrant is issued or term of imprisonment fixed, the application may be renewed (except so far as regards any sum remitted under paragraph (2)) on the ground that the circumstances of the debtor have changed.

(4) A statement in writing to the effect that wages of any amount have been paid to the debtor during any period, purporting to be signed by or on behalf of the debtor’s employer, shall in any proceedings under regulation 100 be evidence of the facts there stated.

(5) For the purpose of enabling enquiry to be made as to the debtor’s conduct and means under regulation 100(2), a justice of the peace may—

(a) issue a summons to the debtor to appear before a magistrates’ court and (if the debtor does not obey the summons) issue a warrant for the debtor’s arrest; or

(b) issue a warrant for the debtor’s arrest without issuing a summons.

(6) A warrant issued under paragraph (5) may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within the constable’s police area.

Magistrates’ courts

102

(1) A magistrates’ court must not under this Chapter hear a summons, entertain an application for a warrant or hold an inquiry as to means on such an application except when composed of at least two justices.

(2) Paragraph (1) is subject to any enactment authorising a District Judge (Magistrates’ Courts) or other person to act alone.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In any proceedings under regulations 97 , 99 or 100, a statement contained in a document constituting or forming part of a record compiled by the applicant authority is admissible as evidence of any fact stated in it of which direct oral evidence would be admissible.

(5) In paragraph (4) “statement” includes any representation of fact, whether made in words or otherwise; and the reference to an application under regulation 100 includes a reference to an application made in the circumstances mentioned in regulation 101(3).

Charging orders

103

(1) An application to the appropriate court may be made under this regulation where—

(a) a magistrates’ court has made one or more liability orders pursuant to regulation 97(5);

(b) the amount mentioned in regulation 97(6)(a) in respect of which the liability order was made, or, where more than one liability order was made, the aggregate of the amounts mentioned in regulation 97(6)(a) in respect of which each such liability order was made, is an amount the debtor is liable to pay under these Regulations; and

(c) at the time the application under this regulation is made at least £2000 of the amount in respect of which the liability order was made, or, where more than one liability order was made, the aggregate of the amounts in respect of which those liability orders were made, remains outstanding.

(2) The application which may be made to the appropriate court under this regulation is an application by the authority concerned for an order imposing a charge on a relevant interest to secure the due amount.

(3) Before making the application referred to in paragraph (2) the authority concerned must notify the debtor of its intention to do so.

(4) The notification must be in writing and—

(a) set out the authority’s reasons for seeking a charging order;

(b) specify the effect of a charging order; and

(c) state the due amount and the steps the authority concerned will take if payment of the due amount is not forthcoming.

(5) The notification must be sent to the debtor and any other person the authority considers may be prejudiced by the making of the charging order.

(6) Where the charge would be imposed on land the notification must be displayed on that land.

(7) If the authority concerned does not receive payment of the due amount within 21 days of the date of the notification, it may make the application referred to in paragraph (2).

(8) For the purposes of this regulation—

“appropriate court” has the meaning given in section 1 of the Charging Orders Act 1979[^f00049] (charging orders);

“due amount” means the aggregate of—an amount equal to any outstanding sum which is, or forms part of, the amount in respect of which the one or more liability orders referred to in paragraph (1)(a) were made, andan amount equal to the costs reasonably incurred by the collecting authority in obtaining the charging order;

“relevant interest” means any interest held by the debtor beneficially in any asset of a kind mentioned in section 2(2) of the Charging Orders Act 1979 (property which may be charged).

Charging orders: further provision

104

(1) In deciding whether to make a charging order, the court must consider all the circumstances of the case, and in particular any evidence before it as to—

(a) the personal circumstances of the debtor; and

(b) whether any other person would be likely to be unduly prejudiced by the making of the order.

(2) A charging order—

(a) must specify the interest on which the charge is imposed; and

(b) may, as the court thinks fit, be made absolutely or subject to conditions as to the time when the charge is to become enforceable or as to other matters.

(3) A charge imposed by a charging order has the like effect and is enforceable in the same courts and in the same manner as an equitable charge created by the debtor by writing under the debtor’s hand.

(4) The court by which a charging order was made may at any time, on the application of the debtor or the collecting authority on whose application the order was made, make an order discharging or varying the charging order.

(5) Where a charging order has been protected by an entry registered under the Land Charges Act 1972[^f00050] or the Land Registration Act 2002[^f00051], an order under paragraph (4) discharging the charging order may direct that the entry be cancelled.

Insolvency

105

(1) Where a liability order has been made against a debtor who is an individual, the amount due is deemed to be a debt for the purposes of section 267 of the Insolvency Act 1986[^f00052] (grounds of creditor’s petition).

(2) Where a liability order has been made against a debtor which is a company, the amount due is deemed to be a debt for the purposes of section 122(1)(f) (winding up of companies by the court) or, as the case may be, 221(5)(b) (winding up of unregistered companies) of the Insolvency Act 1986.

Recovery in a court of competent jurisdiction

106

(1) An amount—

(a) which has become payable to a collecting authority in accordance with these Regulations;

(b) which has not been paid; and

may (as an alternative to recovery under a liability order) be recovered in a court of competent jurisdiction.

(2) A liability order may not be made in respect of any amount in relation to which proceedings have been instituted under paragraph (1).

Enforcement of local land charges

107

(1) This regulation applies where a collecting authority wishes to enforce a local land charge imposed under these Regulations in respect of a chargeable development.

(2) The collecting authority must notify—

(a) the owners of the relevant land; and

(b) any other person the authority considers may be prejudiced by enforcement of the charge,

of its intention to enforce the charge.

(3) The notification must—

(a) be in writing;

(b) be displayed on the relevant land;

(d) state the outstanding amount of CIL due in respect of the chargeable development and the steps the collecting authority will take if payment of that amount is not forthcoming.

(4) If the collecting authority does not receive payment of the amount referred to in paragraph (3)(d) within 21 days of the date of the notification, it may apply to a county court for consent to enforce the local land charge.

(5) In deciding whether to grant consent to enforce the charge the court must consider all the circumstances of the case, and in particular any evidence before it as to whether any person would be likely to be unduly prejudiced by enforcement of the charge.

(6) The collecting authority may not enforce a local land charge imposed in respect of the chargeable development if the outstanding amount of CIL due in respect of that development is less than £2000.

(7) For the purpose of enforcing a local land charge under this regulation, the collecting authority has all the same powers and remedies under the Law of Property Act 1925[^f00053] and otherwise as if it were a mortgagee by deed having powers of sale and lease, of accepting surrenders of leases and of appointing a receiver.

CHAPTER 4 — OTHER ENFORCEMENT PROVISIONS

Outstanding liabilities on death

108

(1) This regulation applies where—

(a) a person (the “deceased”) who is liable to pay CIL in respect of a chargeable development dies after that chargeable development is commenced; and

(b) at the time of the deceased’s death an amount which the deceased was liable to pay has not been paid.

(2) The deceased’s executor or administrator is liable to pay—

(a) the unpaid amount; and

(b) any interest, surcharges and costs applied to the unpaid amount, or imposed on the deceased in respect of the unpaid amount,

and may deduct out of the assets and effects of the deceased any payments made (or to be made).

(3) But liability of the executor or administrator does not arise until the service on that person of a notice requiring payment of the amounts referred to in paragraph (2).

(4) Where before the deceased’s death an amount in excess of the deceased’s liability for CIL has been paid and has not been repaid under regulation 75, the deceased’s executor or administrator is entitled to the amount.

(5) The liability of the executor or administrator under this regulation is a liability in the executor or administrator’s capacity as such.

(6) Insofar as it is relevant to the executor’s or administrator’s liability under this regulation in the administration of the deceased’s estate, the executor or administrator may initiate, continue or withdraw an appeal under regulation 117, 118 or 119.

(7) Any amount which an executor or administrator is liable to pay under this regulation may be recovered from the executor or administrator by the collecting authority in accordance with the provisions in Chapter 3 of this Part.

Powers of entry

109

(1) A person authorised in writing by a collecting authority may at any reasonable hour enter the relevant land—

(a) to ascertain whether a chargeable development has been commenced;

(b) to determine whether any of the powers conferred on a collecting authority by this Part should be exercised in relation to a chargeable development or the relevant land;

(c) to ascertain whether there has been compliance with any requirement imposed as a result of any such power having been exercised in relation to a chargeable development or the relevant land;

(d) to display any notice required to be displayed on land in accordance with these Regulations; ...

(e) where a person has submitted a notice of chargeable development, for the purposes of gathering information required by the collecting authority in order for it to calculate the chargeable amount payable in respect of the chargeable development; or

(f) where no notice of chargeable development has been submitted, for the purposes of gathering information required by the collecting authority in order for it to ascertain whether a notice of chargeable development must be submitted under regulation 64(2).

(2) Paragraph (1) is subject to the following provisions of this regulation.

(3) A person may not enter the relevant land for the purpose mentioned in paragraph (1)(e) unless the collecting authority has first requested the information referred to in that paragraph in accordance with regulation 64(8).

(3A) A person may not enter the relevant land for the purpose mentioned in paragraph (1)(f) unless the collecting authority has first requested the information referred to in that paragraph in accordance with regulation 108A.

(4) A person may not enter any part of the relevant land which is used as a private dwelling unless a justice of the peace has issued a warrant authorising the person to do so.

(5) A justice of the peace may only issue such a warrant if satisfied that there is good reason to believe that the collecting authority will not be able to enforce CIL without the warrant.

(6) A warrant issued under paragraph (4) remains in force—

(a) for one month; or

(b) until the purpose for which it is issued has been fulfilled,

whichever is the sooner.

(7) A person authorised in accordance with this regulation to enter the relevant land—

(a) must, if so required, produce evidence of the person’s authority, and state the purpose of the person’s entry, before entering; and

(b) may take such other persons as may be necessary.

(8) A person commits an offence if the person wilfully obstructs a person acting in the exercise of powers under this regulation.

(9) A person guilty of an offence under paragraph (8) is liable on summary conviction to a fine not exceeding level three on the standard scale.

Offence for supplying false information

110

(1) It is an offence for a person, knowingly or recklessly, to supply information which is false or misleading in a material respect to a charging authority or a collecting authority in response to a requirement under these Regulations.

(2) A person guilty of an offence under this regulation is liable—

(a) on summary conviction, to a fine; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

Prosecution of CIL offences

111

A collecting authority may prosecute proceedings for any offence under these Regulations.

PART 10 — APPEALS

Interpretation of Part 10

112

(1) In this Part—

“appointed person” means—in the case of an appeal under regulation 114, 115, 116, 116A or 116B—a valuation officer appointed under section 61 of the Local Government Finance Act 1988[^f00054], ora district valuer within the meaning of section 622 of the Housing Act 1985[^f00055],in the case of an appeal under regulation 117 or 118, the Secretary of State or a person appointed by the Secretary of State, orin the case of an appeal under regulation 119, a person appointed by the Secretary of State;

“representations period” means, in any appeal under this Part, 14 days beginning with the date the acknowledgement of receipt is sent under regulation 120(3), or such longer period as the appointed person may in any particular case determine.

“review start date” means the date on which a collecting authority receives a request for review under regulation 113; and

“relevant development” means the chargeable development which is the subject of the review or appeal (as the case may be).

(2) For the purposes of this Part a person is an interested person if—

(a) in the case of a request for review under regulation 113 or an appeal under regulation 114, the person is—

(i) the person who has assumed liability to pay CIL in respect of the chargeable development;

(ii) the relevant person within the meaning of regulation 65(12); or

(iii) a person who has been served with a notice of chargeable development in accordance with regulation 64A(3).

(b) in the case of an appeal under regulation 116, the person is—

(i) the person who claimed the charitable relief, or

(ii) the person who has assumed liability to pay CIL in respect of the chargeable development to which the charitable relief relates;

(c) in the case of an appeal under regulation 116A, the person is the person who was granted the exemption for residential annexes;

(d) in the case of an appeal under regulation 116B, the person is the person who was granted the exemption for self-build housing.

(3) For the purposes of this Part a person is an interested party if—

(a) in the case of an appeal under regulation 114 , 116 or 116A, the person is—

(i) the charging authority,

(ii) the collecting authority (if it is not the charging authority), or

(iii) an interested person (other than the appellant);

(aa) in the case of an appeal under regulation 116B, the person is—

(i) the charging authority,

(ii) the collecting authority (if it is not the charging authority), or

(iii) any person that is jointly liable to pay CIL with the appellant in respect of the chargeable development to which the appeal relates;

(b) in the case of an appeal under regulation 115, the person is—

(i) a person mentioned in paragraph (2)(a), or

(ii) an owner of the relevant land (other than the appellant);

(i) the charging authority,

(ii) the collecting authority (if it is not the charging authority),

(iii) the person who is liable for the unpaid amount, or

(iv) a person known to the collecting authority as an owner of the relevant land;

(d) in the case of an appeal under regulation 118, the person is—

(i) a person on whom a demand notice was served in respect of the relevant development,

(ii) the charging authority, or

(iii) the collecting authority (if it is not the charging authority);

(e) in the case of an appeal under regulation 119, the person is—

(i) the charging authority,

(ii) the collecting authority (if it is not the charging authority),

(iii) the person who is liable to pay the unpaid amount,

(iv) any person known to the collecting authority as an owner of the relevant land,

(v) any person known to the collecting authority as an occupier of the relevant land, or

(vi) any other person who the collecting authority considers may be materially affected by a CIL stop notice.

Review of chargeable amount

113

(1) An interested person may request a review of the calculation of a chargeable amount.

(2) A request for review must be made—

(a) in writing to the collecting authority; and

(b) before the end of the period of 28 days beginning with the day on which the liability notice stating the chargeable amount subject to the request for review was issued.

(3) A request for review may be accompanied by written representations in connection with the review.

(4) If a request is made in accordance with paragraph (2), the collecting authority must review the calculation.

(5) The review must be carried out by a person senior to the person making the original calculation and who had no involvement in the original calculation.

(6) The collecting authority must consider any representations accompanying the request for review.

(7) Within 14 days of the review start date the collecting authority must notify the person requesting the review in writing of—

(a) the decision of the review; and

(b) the reasons for the decision.

(8) In making a decision the collecting authority may either confirm the original chargeable amount or calculate a revised chargeable amount.

(9) A person may not request a review

(a) of the decision reached on an earlier review; or

(b) subject to paragraph (9A), once the relevant development has been commenced.

(9A) A review may be requested after the relevant development has been commenced if planning permission was granted in relation to that development after it was commenced

(10) A review under this regulation will lapse if it was requested before the relevant development was commenced and the relevant development is commenced before the collecting authority has notified the interested person of the decision of the review.

(11) A person may not request a review under this regulation if a claim for relief has been submitted to the charging authority and the claim has not been withdrawn.

Chargeable amount: appeal

114

(1) A person who has requested a review under regulation 113 and—

(a) is aggrieved at the decision on the review; or

(b) is not notified of the decision on the review within 14 days of the review start date,

may appeal to the appointed person on the ground that the revised chargeable amount or the original chargeable amount (as the case may be) has been calculated incorrectly.

(2) An appeal under this regulation must be made before the end of the period of 60 days beginning with day on which the liability notice stating the original chargeable amount was issued.

(3) Subject to paragraph (3A), a person may not appeal under this regulation if the relevant development has been commenced.

(3A) A person may appeal under this regulation after the relevant development has been commenced if planning permission was granted in relation to that development after it was commenced.

(4) An appeal under this regulation will lapse if it was made before the relevant development was commenced and the relevant development is commenced before the appointed person has notified the appellant of the decision on the appeal.

(5) Only one appeal may be made under this regulation in respect of a given chargeable development.

(6) Where an appeal under this regulation is allowed the appointed person must calculate a revised chargeable amount.

Apportionment of liability: appeal

115

(1) An owner of a material interest in land (O) who is aggrieved at a decision of a collecting authority on the apportionment of liability with respect to that interest may appeal to the appointed person.

(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 stating the amount payable by O 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 may quash a surcharge imposed by the collecting authority on the appellant.

(6) The appointed person must reapportion liability between each material interest in the relevant land.

Charitable relief: appeal

116

(1) An interested person who is aggrieved at the decision of a collecting authority to grant charitable relief may appeal to the appointed person on the ground that the collecting authority has incorrectly determined the value of the interest in land in respect of which the claim was allowed.

(2) An appeal under this regulation must be made before the end of the period of 28 days beginning with the date of the decision of the collecting authority on the claim for charitable relief.

(3) An appeal under this regulation will lapse if the relevant development is commenced before the appointed person has notified the appellant of the decision on the appeal.

(4) Where an appeal under this regulation is allowed the appointed person may amend the amount of charitable relief granted to the appellant.

Surcharge: appeal

117

(1) A person who is aggrieved at a decision of a collecting authority to impose a surcharge may appeal to the appointed person on any of the following grounds—

(a) that the claimed breach which led to the imposition of the surcharge did not occur;

(b) that the collecting authority did not serve a liability notice in respect of the chargeable development to which the surcharge relates; or

(2) Where the imposition of a surcharge is subject to an appeal under this regulation, no amount is payable in respect of that surcharge while the appeal is outstanding.

(3) An appeal under this regulation must be made before the end of the period of 28 days beginning with the day on which the surcharge is imposed.

(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

(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 1990[^f00056] of an application for planning permission ...; orunder section 79 of TCPA 1990[^f00057] 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

(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 1817[^f00058] (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 1863[^f00059] (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 1947[^f00060] 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

(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 1972[^f00061] (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

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

[^f00001]: 2008 c. 29.

[^f00002]: 2004 c. 5.

[^f00003]: 1990 c. 8.

[^f00004]: 1998 c. 11.

[^f00005]: 2000 c. 7; section 15(1) was amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c. 21).

[^f00006]: The Statistics Board was established by section 1 of the Statistics and Registration Service Act 2007 (c. 18).

[^f00007]: Section 70 was amended by paragraph 14 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34). Section 73 was amended by sections 42(2) and 51(3) of the Planning and Compulsory Purchase Act 2004 (c. 5). Section 73A was inserted by paragraph 16 of Schedule 7 to the Planning and Compensation Act 1991.

[^f00008]: Section 76A was inserted by section 44 of the Planning and Compulsory Purchase Act 2004. Section 77 was amended by section 40(2)(d) of the Planning and Compulsory Purchase Act 2004, paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 and paragraph 2 of Schedule 10 to the Planning Act 2008 (c. 29). Section 79 was amended by section 18 of the Planning and Compensation Act 1991 and paragraph 4 of Schedule 10 to the Planning Act 2008.

[^f00009]: Section 177(1) was amended by paragraph 24(1) of Schedule 7 to the Planning and Compensation Act 1991.

[^f00010]: Section 97 was amended by paragraph 4 of Schedule 1 to the Planning and Compensation Act 1991. Section 100 was amended by paragraph 5 of Schedule 1 to the Planning and Compensation Act 1991.

[^f00011]: Section 102 was amended by paragraph 6 of Schedule 1 and paragraph 21 of Schedule 7 to the Planning and Compensation Act 1991.

[^f00012]: Section 61A was inserted by section 40(1) of the Planning and Compulsory Purchase Act 2004 and amended by the Planning Act 2008, sections 188 and 238 and Schedule 13.

[^f00013]: Section 83 was amended by section 45 of the Planning and Compulsory Purchase Act 2004 and paragraph 2 of Schedule 5 to the Local Democracy, Economic Development and Construction Act 2009 (c. 20).

[^f00014]: Section 90 was amended by paragraph 12 of Schedule 6 to the Planning and Compensation Act 1991, section 16(1) of the Transport and Works Act 1992 (c. 42) and paragraph 32(4) of Schedule 10 to the Environment Act 1995 (c. 25).

[^f00015]: 1980 c. 65.

[^f00016]: Relevant amendments to section 54 were made by paragraph 10 of Schedule 6 and paragraph 10(2) of Schedule 7 to the Planning and Compensation Act 1991 and section 40(2)(a) of the Planning and Compulsory Purchase Act 2004.

[^f00017]: The Homes and Communities Agency was established by section 1 of the Housing and Regeneration Act 2008 (c. 17).

[^f00019]: Relevant amendments were made to section 37 by paragraph 81 of Schedule 8 to the Housing and Regeneration Act 2008.

[^f00021]: 1999 c. 29; section 338 was amended by paragraph 52 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c. 15).

[^f00022]: As to the requirements relating to service of a liability notice, see regulation 65.

[^f00023]: Section 303A was inserted by section 1(1) of the Town and Country Planning (Costs of Inquiries etc) Act 1995 (c. 49) and amended by paragraph 11 of Schedule 6 to the Planning and Compulsory Purchase Act 2004.

[^f00024]: As to the consequences of failure to comply with an information notice, see regulation 86.

[^f00026]: 2006 c. 50.

[^f00027]: 1985 c. 68; section 1 was amended by paragraph 5(1) of Schedule 8 to the Local Government (Wales) Act 1994 (c. 19).

[^f00035]: As to the consequences of failure to comply with an information notice, see regulation 86.

[^f00036]: Section 106 was substituted by section 12 of the Planning and Compensation Act 1991 and amended by section 33 of the Greater London Authority Act 2007 (c. 24) and section 174 of the Planning Act 2008.

[^f00037]: 2008 c. 18.

[^f00038]: See section 214 of the Planning Act 2008 and regulation 28.

[^f00039]: 1975 c. 76.

[^f00040]: See regulation 70.

[^f00041]: See regulation 36(2).

[^f00042]: 1882 c. 61; section 92 was amended by sections 3(1) and 4(4) of the Banking and Financial Dealings Act 1971 (c. 80).

[^f00043]: As to the consequences of failure to comply with a CIL stop notice, see regulations 93 and 94.

[^f00044]: 1980 c. 43.

[^f00047]: S.I. 1981/552; relevant amending instruments are S.I. 2001/610 and S.I. 2005/617.

[^f00049]: 1979 c. 53; section 1 was amended by paragraphs 2, 3 and 6 of Schedule 3 to the Administration of Justice Act 1982 (c. 53) and paragraph 71 of Schedule 2 to the County Courts Act 1984 (c. 28).

[^f00050]: 1972 c. 61.

[^f00051]: 2002 c. 9.

[^f00052]: 1986 c. 45.

[^f00053]: 1925 c. 20.

[^f00054]: 1988 c. 41; section 61 was amended by paragraph 69 of Schedule 13 to the Local Government Finance Act 1992 (c. 14).

[^f00055]: 1985 c. 68; the definition of “district valuer” in section 622 was substituted by S.I. 1990/434.

[^f00056]: Section 70 was amended by paragraph 14 of Schedule 7 to the Planning and Compensation Act 1991 (c. 34). Section 76A was inserted by section 44 of the Planning and Compulsory Purchase Act 2004 (c. 5). Section 77 was amended by section 40(2)(d) of the Planning and Compulsory Purchase Act 2004, paragraph 18 of Schedule 7 to the Planning and Compensation Act 1991 and paragraph 2 of Schedule 10 to the Planning Act 2008 (c. 29).

[^f00057]: Section 79 was amended by section 18 of the Planning and Compensation Act 1991 and paragraph 4 of Schedule 10 to the Planning Act 2008.

[^f00058]: 1817 c. 97.

[^f00059]: 1863 c. 49.

[^f00060]: 1947 c. 44.

[^f00061]: 1972 c. 70.

Editorial notes

[^key-80fbacd4acc3854c644cc06eec610c65]: Reg. 1 in force at 6.4.2010, see reg. 1

[^key-172448e6f085ee531c5c3acb97dfb5b5]: Reg. 2 in force at 6.4.2010, see reg. 1

[^key-ceb19a28890a44ca3c6811725d2e7499]: Reg. 3 in force at 6.4.2010, see reg. 1

[^key-ab224e100352d8e768d35bc8efd0c835]: Reg. 4 in force at 6.4.2010, see reg. 1

[^key-10c38ee588d66d03eca22be95b2f71b0]: Reg. 5 in force at 6.4.2010, see reg. 1

[^key-36c27d4f715adbc403303858600349eb]: Reg. 6 in force at 6.4.2010, see reg. 1

[^key-8fd2262e83c568cc214a730c2596fb11]: Reg. 7 in force at 6.4.2010, see reg. 1

[^key-dbfbc958c3bd2a35a896520b4984c3fd]: Reg. 8 in force at 6.4.2010, see reg. 1

[^key-2e178fd9695681f1ead6ada2e397dcaf]: Reg. 9 in force at 6.4.2010, see reg. 1

[^key-2110b6d900ce385ac0368d88e759d20e]: Reg. 10 in force at 6.4.2010, see reg. 1

[^key-370df2fa8c506ed9c6ded0a88e53f48c]: Reg. 11 in force at 6.4.2010, see reg. 1

[^key-bb8f9aa817458f98b94a82f930558fea]: Reg. 12 in force at 6.4.2010, see reg. 1

[^key-239e5690e56f58f5de0f6179a6b04f6d]: Reg. 13 in force at 6.4.2010, see reg. 1

[^key-cc380dee60179c9ac59f1a3cc15f420c]: Reg. 14 in force at 6.4.2010, see reg. 1

[^key-7d5853252d315b4c7efb62f3e2b06ce2]: Reg. 15 in force at 6.4.2010, see reg. 1

[^key-32a275d9864453d7b96948ee10fbfb52]: Reg. 16 in force at 6.4.2010, see reg. 1

[^key-c13df95fbf4036e3fc87c1f62675874a]: Reg. 17 in force at 6.4.2010, see reg. 1

[^key-27c6c4ee6325584af85ab9375a3fd259]: Reg. 18 in force at 6.4.2010, see reg. 1

[^key-4b86678981a5096b86ae0b7548e8ce56]: Reg. 19 in force at 6.4.2010, see reg. 1

[^key-434032d21947449a91b01b5b620588e6]: Reg. 20 in force at 6.4.2010, see reg. 1

[^key-9a183d27751b966250696d7e9bf5c50e]: Reg. 21 in force at 6.4.2010, see reg. 1

[^key-aa34b6640a9e7905483f56b67b08930f]: Reg. 22 in force at 6.4.2010, see reg. 1

[^key-f1a121e7611a4b251e9a71b42d14a785]: Reg. 23 in force at 6.4.2010, see reg. 1

[^key-91e05cee299d17ca8d9cebaf3e32fb70]: Reg. 24 in force at 6.4.2010, see reg. 1

[^key-0f7d9ff148ca2a9a10b7bc53f0c7a94f]: Reg. 25 in force at 6.4.2010, see reg. 1

[^key-19d54b1d9d69ca497afcab108a532706]: Reg. 26 in force at 6.4.2010, see reg. 1

[^key-bdc502f72f497e45072b4234677ee344]: Reg. 27 in force at 6.4.2010, see reg. 1

[^key-726dcaf75932dae448d7bec3d9db31d6]: Reg. 28 in force at 6.4.2010, see reg. 1

[^key-51601b1763d2bcd19c041f9d68db0216]: Reg. 29 in force at 6.4.2010, see reg. 1

[^key-88526f3ad53ca657e1fb28a72626eba0]: Reg. 30 in force at 6.4.2010, see reg. 1

[^key-fd55b4f732754daa90bcbdadace1e0d6]: Reg. 31 in force at 6.4.2010, see reg. 1

[^key-7d77303c9ca1e8b50f7178e633314d14]: Reg. 32 in force at 6.4.2010, see reg. 1

[^key-7daad90fde0e4b7ba50d2308e875f03d]: Reg. 33 in force at 6.4.2010, see reg. 1

[^key-bdd05c5f0d1520effdf3fde6efcccce3]: Reg. 34 in force at 6.4.2010, see reg. 1

[^key-b5ff093080a32f3eecc6f86b2fec2221]: Reg. 35 in force at 6.4.2010, see reg. 1

[^key-96fd8247e620f8d4733613b1280d7b41]: Reg. 36 in force at 6.4.2010, see reg. 1

[^key-82e4ab0f73e2053d0b0856b49d4837d9]: Reg. 37 in force at 6.4.2010, see reg. 1

[^key-11fb29e44d2cc6213951045db96fc1bd]: Reg. 38 in force at 6.4.2010, see reg. 1

[^key-0afe6bc92b16cca2d0a65f7e6cfcf71a]: Reg. 39 in force at 6.4.2010, see reg. 1

[^key-157f45219f524c6aa79cad04c70817e3]: Reg. 41 in force at 6.4.2010, see reg. 1

[^key-de2ef8611790310af4ecc4a39d97d299]: Reg. 42 in force at 6.4.2010, see reg. 1

[^key-238b6373350c932ce96aec38d377b595]: Reg. 43 in force at 6.4.2010, see reg. 1

[^key-e6e093a6092911a23ac9af3024fbdd9b]: Reg. 44 in force at 6.4.2010, see reg. 1

[^key-1cd7e12b558933d4b0d400dd08d966cc]: Reg. 46 in force at 6.4.2010, see reg. 1

[^key-2e87050f20fa4adb80d7c54338411fd8]: Reg. 47 in force at 6.4.2010, see reg. 1

[^key-9e450965ef8b823b8d2e5ede5b7e0d19]: Reg. 48 in force at 6.4.2010, see reg. 1

[^key-2df6fa8be1e06f6134d933b3c9ea3519]: Reg. 51 in force at 6.4.2010, see reg. 1

[^key-de0d6aad12cd0831fa24fbcaf1e0287d]: Reg. 52 in force at 6.4.2010, see reg. 1

[^key-a8a929f4e317b06da75e7404f8a87ced]: Reg. 53 in force at 6.4.2010, see reg. 1

[^key-742750548bf37382d8e57ec67b21f9fb]: Reg. 54 in force at 6.4.2010, see reg. 1

[^key-fc28e7c1c697864bf40af20321241cc6]: Reg. 55 in force at 6.4.2010, see reg. 1

[^key-832ba530178e3632839afc9325a2facd]: Reg. 56 in force at 6.4.2010, see reg. 1

[^key-e8afb373a3b4f8320f80062365acef69]: Reg. 57 in force at 6.4.2010, see reg. 1

[^key-48a184c7de626ff92d12a78695702eb3]: Reg. 58 in force at 6.4.2010, see reg. 1

[^key-024f530c741f3e4b8470a3292e7de5fe]: Reg. 59 in force at 6.4.2010, see reg. 1

[^key-a3ff9dcc76024a9d1a96b257e7101d21]: Reg. 60 in force at 6.4.2010, see reg. 1

[^key-937244adb31c5c7f2a3ebe942a6ce773]: Reg. 61 in force at 6.4.2010, see reg. 1

[^key-327c4f0a1352b8e10e74a90b16eda1f4]: Reg. 62 in force at 6.4.2010, see reg. 1

[^key-a52e9221181356def9a4f30b26a5f415]: Reg. 63 in force at 6.4.2010, see reg. 1

[^key-55e88c5ca472f1e1ee831a056c24800e]: Reg. 64 in force at 6.4.2010, see reg. 1

[^key-6338d2914fa6876e81330b6b9da47ee4]: Reg. 65 in force at 6.4.2010, see reg. 1

[^key-456a7eb16ff14d29cc5365f82211fecb]: Reg. 66 in force at 6.4.2010, see reg. 1

[^key-9a197b087ff72198ba71e06b63cd5cb1]: Reg. 67 in force at 6.4.2010, see reg. 1

[^key-1f999e6a99a7ab7b2b510ce8cc18a879]: Reg. 68 in force at 6.4.2010, see reg. 1

[^key-e59eaf8288e9eaa51b36d70aece46301]: Reg. 69 in force at 6.4.2010, see reg. 1

[^key-0ae506c8c024fd181444e258ae9239ff]: Reg. 71 in force at 6.4.2010, see reg. 1

[^key-e7d9cd8ce0ca95c5cfb6623659e78761]: Reg. 72 in force at 6.4.2010, see reg. 1

[^key-d1cf85a85f6a97c0c834f9d62f0b2f94]: Reg. 73 in force at 6.4.2010, see reg. 1

[^key-bdbf8a0b1380f9ea37d63f65a533136d]: Reg. 74 in force at 6.4.2010, see reg. 1

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