The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019

Made: 9th July 2019

Coming into force: 1st September 2019

A draft of these Regulations has been laid before the House of Commons in accordance with section 222(2)(b) of the Planning Act 2008 and approved by resolution of that House.

Citation, commencement and application

1

• (1) These Regulations may be cited as the Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 and come into force on 1st September 2019 (“the commencement date”).

• (2) These Regulations apply in relation to England only.

• (3) The amendments in regulation 5 (and Schedule 1) do not apply in relation to a planning permission granted before the commencement date or a liability notice, whenever issued, in respect of such a planning permission.

• (4) The amendments in regulations 6, 7, 8 apply in relation to any liability notice or revised liability notice issued by a collecting authority under regulation 65 of the Community Infrastructure Levy Regulations 2010[^f00002] on or after the commencement date.

• (5) The amendments in regulation 10 apply in relation to any planning obligation entered into on or after the commencement date.

Amendments to the Community Infrastructure Levy Regulations 2010

2

The Community Infrastructure Levy Regulations 2010 are amended in accordance with the following provisions of these Regulations.

Charging schedules: consultation etc.

3

• (1) In regulation 11(1) in the definition of “consultation bodies” for “regulation 15” substitute “regulation 16”.

• (2) In regulation 14(4) for “preliminary draft charging schedule in accordance with regulation 15” substitute “draft charging schedule in accordance with regulation 16”.

• (3) Omit regulation 15.

• (4) In regulation 16—

• (a) in paragraph (1)—

• (i) at the end of sub-paragraph (c) for “; and” substitute a full stop;

• (ii) omit sub-paragraph (d);

• (b) after paragraph (1) insert—

(1A) The charging authority must invite representations on the draft charging schedule from such of the following as the authority considers appropriate— (a) persons who are resident or carrying on business in its area; (b) voluntary bodies some or all of whose activities benefit the charging authority’s area; and (c) bodies which represent the interests of persons carrying on business in the charging authority’s area.

• (c) in paragraph (2) after “In this regulation” insert—

• —
• “consultation bodies” means— each of the following whose area is in or adjoins the charging authority’s area— a local planning authority within the meaning of section 37of PCPA 2004; a local planning authority within the meaning of section 78of PCPA 2004; a county council; each parish council or neighbourhood forum whose area is in the charging authority’s area; the Mayor if the charging authority is a London borough council; any other person exercising the functions of a local planning authority (within the meaning of TCPA 1990) for an area within, or which adjoins, the charging authority’s area;
• “neighbourhood forum” means an organisation or body designated as such under section 61F(3) of TCPA 1990[^f00003];

• (5) In regulation 17—

• (a) omit paragraph (3);

• (b) after paragraph (4) insert—

(5) The charging authority must take into account any representations made to it under this regulation before submitting a draft charging schedule for examination in accordance with section 212 of PA 2008.

• (6) In regulation 18 omit sub-paragraph (b).

• (7) In regulation 19—

• (a) in paragraph (1)(b)(i) after “raised by the representations,” insert “and a summary of how the representations received were taken into account,”; and

• (b) in paragraph (4) for “regulation 15” substitute “regulation 16”.

• (8) In regulation 21(8)—

• (a) at the end of sub-paragraph (b) for “; and” substitute a full stop;

• (b) omit sub-paragraph (c).

• (9) In regulation 25 omit sub-paragraph (c).

• (10) In regulation 26(5)(e) omit paragraph (i).

Charging schedules: procedure in relation to a charging schedule ceasing to have effect

4

• (1) In regulation 28 omit paragraph (4).

• (2) After regulation 28 insert—

(28A) (1) Subject to paragraph (2), a charging authority (other than the Mayor) which proposes to make a determination under section 214(3) of PA 2008 that a charging schedule is to cease to have effect must— (a) prepare a statement which provides— (i) details of the CIL receipts for the period of five years immediately preceding the date on which the statement is first published in accordance with sub-paragraph (d), or, where the charging schedule was not in effect for the whole of the five years, the period during which the charging schedule was in effect; (ii) an assessment, for the period of five years beginning with the date on which it is proposed the charging schedule will cease to have effect in the area, of the potential effects of the proposal on the funding of infrastructure needs for the area; and (iii) a summary of the measures (in relation to planning obligations or otherwise) the charging authority has or intends to put in place in relation to funding of infrastructure needs for the area, together with an assessment of how effective the authority considers those measures are likely to be in replacing the funding lost on the charging schedule ceasing to have effect; (b) make a copy of the documents referred to in sub-paragraph (a) available for inspection at its principal office; (c) send a copy of those documents to the consultation bodies; (d) publish on its website— (i) a statement specifying that the authority proposes to determine under section 214(3) of PA 2008 that a charging schedule is to cease to have effect; (ii) a copy of the statement referred to in sub-paragraph (a); and (iii) a statement specifying— (aa) the period (being not less than four weeks) within which representations about the proposal may be made; (bb) the address to which, and the name of the person (if any) to whom, representations about the proposal must be made; (cc) that representations may be made in writing or by way of electronic communications; (dd) that representations may be accompanied by a request to be notified at a specified address of the decision of the charging authority in relation to the proposal; and (e) consider any representations made to it under this regulation. (2) Paragraph (1) does not apply where the determination referred to in paragraph (1) is part of a proposal under which the charging authority replaces a charging schedule (A) with a new charging schedule (B) provided that A ceases to have effect on the same day B takes effect. (3) Where paragraph (2) applies, in addition to publication of B under regulation 25 a charging authority must continue to— (a) make a copy of A available for inspection at its principal office and at such other offices within its area as it considers appropriate; and (b) publish A on its website. (4) Where a charging authority makes a determination under section 214(3) of PA 2008 that a charging schedule is to cease to have effect it must— (a) publish a statement of that fact on its website; and (b) notify the relevant consenting authorities of that fact.

Chargeable development and chargeable amount

5

• (1) In regulation 9—

• (a) for paragraphs (6) to (8) substitute—

(6) Where a planning permission is granted under section 73 of TCPA 1990, the chargeable development is the most recently commenced or re-commenced chargeable development.

• (b) in paragraph (9) for “paragraph (7)” substitute “paragraph (6)”.

• (2) For regulation 40 substitute—

(40) The collecting authority must calculate the amount of CIL payable (“chargeable amount”) in respect of a chargeable development in accordance with the provisions of Schedule 1.

• (3) For regulation 50 substitute—

(50) The amount of social housing relief for which a chargeable development is eligible (“qualifying amount”) must be calculated in accordance with paragraph 6 of Schedule 1.

• (4) In regulation 53(5), after “regulation 50” insert “and paragraph 6 of Schedule 1”.

• (5) In regulation 64(4)(b), after “regulation 40” insert “and Schedule 1”.

• (6) In regulation 64A(2)(c)(iii)[^f00004], for “regulation 40;” substitute “regulation 40 and Schedule 1.”.

• (7) In regulation 65(12)(c)[^f00005] omit “phased”.

• (8) In regulation 74B(6)(b)[^f00006], after “regulation 40” insert “and Schedule 1”.

• (9) In regulation 74B(13), after “regulation 40”, in each place it occurs, insert “and Schedule 1”.

• (10) In regulation 128, for paragraphs (1) and (2) of regulation 128 substitute—

(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.

• (11) Omit regulation 128A[^f00007].

• (12) At the end of the Community Infrastructure Levy Regulations 2010 insert as Schedule 1 the schedule set out in Schedule 1 to these Regulations.

Reliefs: commencement notices and other amendments relating to applications for relief

6

• (1) In regulation 41(1) omit the definition of “by local advertisement”.

• (2) In regulation 42B[^f00008]—

• (a) in paragraph (2), in sub-paragraph (a) at the beginning insert “subject to paragraph (3A),”;

• (b) in paragraph (3) at the beginning insert “Subject to paragraph (3A),”;

• (c) after paragraph (3) insert—

(3A) Paragraphs (2)(a) and (3) do not apply where an exemption for residential annexes or extensions has been granted in relation to a chargeable development and the annex or extension changes after the commencement of that development.

• (d) in paragraph (4), after “case may be)” insert “and, in relation to an exemption for residential annexes, provide an explanation of the requirements of regulation 67(1)”; and

• (e) omit paragraph (6).

• (3) In regulation 47—

• (a) in paragraph (2), in sub-paragraph (a) at the beginning insert “subject to paragraph (3A),”;

• (b) in paragraph (3) at the beginning insert “Subject to paragraph (3A),”;

• (c) after paragraph (3) insert—

(3A) Paragraphs (2)(a) and (3) do not apply where charitable relief has been granted in relation to a chargeable development and the development changes after the commencement of that development.

• (d) in paragraph (5), for sub-paragraph (b) substitute—

(b) where relief is granted, the amount of relief granted, and provide an explanation of the requirements of regulation 67(1).

; and

• (e) omit paragraph (7).

• (4) In regulation 51—

• (a) in paragraph (5), for sub-paragraph (b) substitute—

(b) if relief is granted, the qualifying amount, and provide an explanation of the requirements of regulation 67(1).

; and

• (b) omit sub-paragraph (a) of paragraph (7).

• (5) In regulation 54B[^f00009]—

• (a) in paragraph (2), in sub-paragraph (b) at the beginning insert “subject to paragraph (3A),”;

• (b) in paragraph (3) at the beginning insert “Subject to paragraph (3A),”;

• (c) after paragraph (3) insert—

(3A) Paragraphs (2)(b) and (3) do not apply where an exemption for self-build housing has been granted in relation to a chargeable development and the provision of self-build housing or self-build communal development changes after the commencement of that development.

• (d) in paragraph (4), after “case may be)” insert “and provide an explanation of the requirements of regulation 67(1)”; and

• (e) omit paragraph (6).

• (6) In regulation 57(7) after “relief granted” insert “and provide an explanation of the requirements of regulation 67(1)”.

• (7) In regulation 58(6) after “and the Mayor)” insert “and provide an explanation of the requirements of regulation 67(1)”.

• (8) In regulation 83—

• (a) at the beginning of paragraph (1) insert “Subject to paragraph (1A),”;

• (b) after paragraph (1) insert—

(1A) Subject to paragraph (1B), where a relevant development is commenced before the collecting authority has received a valid commencement notice in respect of the development, then instead of any surcharge which may be imposed under paragraph (1) the collecting authority must impose a surcharge equal to 20 per cent of the notional chargeable amount or £2,500, whichever is the lower amount. (1B) A collecting authority is not required to impose a surcharge under paragraph (1A) where it is satisfied that the amount of the surcharge is less than any reasonable administrative costs which it would incur in relation to the surcharge.

• (c) after paragraph (4) insert—

(5) In this regulation— - “notional chargeable amount” means the amount of CIL that would have been payable, calculated in accordance with regulation 40 and Schedule 1, in relation to the development, as if the relief had not been granted; - “relevant development” means a chargeable development in relation to which a person has been granted— an exemption for residential annexes; an exemption for self-build housing; charitable relief; or social housing relief.

Section 73 permissions: carry over of relief and instalments

7

• (1) After regulation 58, within Part 6 of the Regulations, insert—

(58ZA) (1) Where— (a) any relevant relief has been granted in relation to a development (D); (b) planning permission (B) is later granted under section 73 of TCPA 1990 in respect of that development; and (c) the amount of the relevant relief calculated in accordance with this Part of the Regulations that the development is eligible for has not changed as a result of B, anything done in relation to an application for the relevant relief made in relation to D is to be treated as if it was done in relation to the development that B relates to. (2) In this regulation “relevant relief” means— (a) an exemption for residential annexes or extensions; (b) an exemption for self-build housing; (c) charitable relief; (d) social housing relief.

• (2) In regulation 70[^f00010] after paragraph (8) insert—

(9) Where— (a) the amount of CIL in respect of a chargeable development which is granted planning permission is payable in accordance with an instalment policy; and (b) a new planning permission (B) is later granted in relation to the development under section 73 of TCPA 1990, then the amount of CIL in respect of the development granted by B is payable in accordance with that instalment policy.

Enforcement by taking control of goods

8

• (1) In regulation 95(1) insert the following definitions in the appropriate places—

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

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

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

• (2) For regulation 98 substitute—

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

• (3) Omit regulation 99.

• (4) In regulation 100—

• (a) in paragraph (1) for sub-paragraph (b) substitute—

(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

• (b) in paragraph (4) for sub-paragraph (a) substitute—

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

• (c) in paragraph (7) for sub-paragraph (a) substitute—

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

• (5) In regulation 101(2) for “the appropriate amount mentioned in regulation 98(3)” substitute “the amount outstanding (within the meaning of Schedule 12)”.

• (6) In regulation 102—

• (a) in paragraph (3) for “regulations 97(2) and 99(2)” substitute “regulation 97(2)”;

• (b) in paragraph (4) omit “, 99”.

Annual infrastructure funding statements and CIL rate summary

9

• (1) In regulation 2(1) —

• (a) insert the following definitions in the appropriate places—

• “acquired land” has the meaning given in regulation 73;

• “annual infrastructure funding statement” has the meaning given in regulation 121A;