The Community Infrastructure Levy Regulations 2010

JurisdictionUK Non-devolved
CitationSI 2010/948

2010 No. 948

Community Infrastructure Levy, England And Wales

The Community Infrastructure Levy Regulations 2010

Made 23th March 2010

Coming into force 6th April 2010

A draft of these Regulations has been laid before the House of Commons in accordance with section 222(2)(b) of the Planning Act 20081and approved by resolution of that House.

Accordingly, the Secretary of State in exercise of the powers conferred by sections 205(1) and (2), 208(2)(b), (4), (5), (7) and (8), 209(2)(a), (3) to (6) and (8), 210(1) to (3) and (5), 211(2) and (3) to (7), 212(9) and (10), 213(4), 214(2), 215(1) to (3), 216(1), (3), (4), (6) and (7), 217(1) to (7), 218(1) to (3), (4)(a) and (b), (4)(d) to (k) and (5) to (11), 220(1), (2)(a) to (s) and (3)(a) to (c), 222(1) and 223(1)(a), (2) and (4) of the Planning Act 2008, and with the consent of the Treasury, makes the following Regulations:

1 INTRODUCTORY

PART 1

INTRODUCTORY

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Community Infrastructure Levy Regulations 2010 and shall come into force on 6th April 2010.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations—

“PA 2008” means the Planning Act 2008;

“PCPA 2004” means the Planning and Compulsory Purchase Act 20042;

“TCPA 1990” means the Town and Country Planning Act 19903;

“Bank of England base rate” means—

(a) the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank is willing to enter into transactions for providing short term liquidity in the money markets, or

(b) where an order under section 19 of the Bank of England Act 19984(reserve powers) is in force, any equivalent rate determined by the Treasury under that section;

“chargeable amount” has the meaning given in regulation 40;

“chargeable development” has the meaning given in regulation 9;

“charging schedule” means a document issued in accordance with section 211(1) of PA 2008;

“charitable relief” means an exemption under regulation 43 or discretionary charitable relief;

“CIL” means Community Infrastructure Levy;

“CIL stop notice” means a notice served under regulation 90;

“clawback period” means the period of seven years beginning with the day on which a chargeable development is commenced;

“collecting authority” has the meaning given in regulation 10;

“commencement notice” means a notice submitted under regulation 67;

“deemed commencement date” has the meaning given in regulation 68;

“default of liability notice” means a notice issued under regulation 36;

“demand notice” means a notice issued under regulation 69;

“discretionary charitable relief” means relief under regulation 44 or 45;

“disqualifying event” has the meaning given in regulations 48, 53, and 57;

“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling;

“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 20005;

“financial year” means any period of twelve months ending with 31st March;

“general consent” has the meaning given in regulation 5(3);

“infrastructure” has the meaning given in section 216(2) of PA 2008 as amended by regulation 63;

“information notice” means a notice served under regulation 35 or 54;

“intended commencement date” means the intended commencement date of a chargeable development as specified in a commencement notice submitted under regulation 67;

“land payment” has the meaning given in regulation 73;

“liability notice” means a notice issued under regulation 65;

“liability transfer notice” means a notice submitted under regulation 32;

“material interest” has the meaning given in regulation 4(2);

“Mayor” means the Mayor of London;

“notice of chargeable development” means a notice submitted under regulation 64;

“outline planning permission” has the same meaning as in section 92(1) of TCPA 1990;

“owner” must be construed in accordance with section 209(7)(a) of PA 2008 and regulation 4;

“planning permission” has the meaning given for the purposes of Part 11 of PA 2008 in regulation 5, and “grant” of planning permission must be construed accordingly;

“planning permission granted for a limited period” has the same meaning as in TCPA 1990;

“qualifying amount” means an amount calculated in accordance with regulation 50;

“qualifying dwelling” must be construed in accordance with regulations 49 and 53(3) ;

“relevant land” means—

(a) where planning permission is granted for development by way of a general consent, the land identified in the plan submitted to the collecting authority in accordance with regulation 64(4)(a),

(b) where outline planning permission is granted which permits development to be implemented in phases, the land to which the phase relates,

(c) in all other cases, the land to which the planning permission relates;

“relief” means charitable relief, social housing relief or relief for exceptional circumstances;

“relief for exceptional circumstances” means relief under regulation 55;

“reserved matters” has the same meaning as in section 92(1) of TCPA 1990;

“retail prices index” means—

(a) the general index of retail prices (for all items) published by the Statistics Board6, or

(b) if that index is not published for a relevant month, any substituted index or index figures published by that Board;

“social housing relief” means relief under regulation 49;

“surcharge” means a surcharge imposed under Chapter 1 of Part 9;

“the Crown” includes—

(a) the Duchy of Lancaster,

(b) the Duchy of Cornwall,

(c) the Speaker of the House of Lords,

(d) the Speaker of the House of Commons,

(e) the Corporate Officer of the House of Lords, and

(f) the Corporate Officer of the House of Commons; and

“warning notice” means a notice served under regulation 89.

(2) References in these Regulations to development, unless otherwise stated or the reference is to the development of a charging authority’s area, must be construed in accordance with section 209(1) of PA 2008 and regulation 6.

(3) For the purposes of these Regulations, an outline planning permission permits development to be implemented in phases if (in accordance with section 92(5) of TCPA 1990) it provides for the application for approval of reserved matters within separate periods for separate parts of that development.

(4) In these Regulations—

(a)

(a) references to commencement of development must be construed in accordance with regulation 7;

(b)

(b) references to the time at which planning permission first permits development must be construed in accordance with regulation 8;

(c)

(c) references to a building or development situated on land include references to a building or development situated in, under or over that land; and

(d)

(d) references to an assumption of liability are references to an assumption of liability made in accordance with regulation 31.

(5) In these Regulations, and in relation to the use of electronic communications for any purpose of these Regulations which is capable of being effected electronically—

(a)

(a) the expression “address” includes any number or address used for the purposes of such communications, except that where these Regulations impose an obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b)

(b) references to notices, representations, forms or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

(6) References in these Regulations to an amount which has become payable and which has not been paid (however expressed) include references to—

(a)

(a) any surcharge imposed in respect of, and any interest applied to, that amount; and

(b)

(b) an amount forming part of a larger sum which has become payable and the other part of which has been paid.

(7) For the purposes of these Regulations gross internal area must be measured in square metres.

S-3 Community Infrastructure Levy

Community Infrastructure Levy

3. There shall be a charge to be known as Community Infrastructure Levy (charged in accordance with section 205 of PA 2008).

2 DEFINITION OF KEY TERMS

PART 2

DEFINITION OF KEY TERMS

S-4 Meaning of “owner” and “material interest”

Meaning of “owner” and “material interest”

4.—(1) For the purposes of section 208 of PA 2008 (liability) a person is not an owner of the relevant land unless the person owns a material interest in the relevant land.

(2) A material interest in the relevant land is a legal estate in that land which is—

(a)

(a) a freehold estate; or

(b)

(b) a leasehold estate, the term of which expires more than seven years after the day on which planning permission first permits the chargeable development.

S-5 Meaning of “planning permission”

Meaning of “planning permission”

5.—(1) For the purposes of Part 11 of PA 2008, “planning permission” means—

(a)

(a) planning permission granted by a local planning authority under section 70, 73 or 73A of TCPA 19907;

(b)

(b) planning permission granted by the Secretary of State under the provisions mentioned in sub-paragraph (a) as applied by sections 76A(10), 77(4) and 79(4) of TCPA 19908(including permission so granted by a person appointed by the Secretary of State in accordance with regulations made under Schedule 6 to TCPA 1990);

(c)

(c) planning permission granted or modified under section 177(1) of TCPA 19909(grant or modification of planning permission on appeals against enforcement notices);

(d)

(d) modification of a planning permission under section 97 or 100 of TCPA 199010;

(e)

(e) planning permission granted by an order made under section 102 or 104 of TCPA 199011(orders requiring discontinuance of use or alteration or removal of buildings or works);

(f)

(f) development consent granted by an order made under section 114(1)(a) of PA 2008; or

(g)

(g) a...

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