The Community Infrastructure Levy Regulations 2010

Consultation on a preliminary draft charging schedule

15.—(1) A charging authority which proposes to issue or revise a charging schedule must prepare a preliminary draft charging schedule for consultation.

(2) The charging authority must—

(a) send a copy of the preliminary draft to each of the consultation bodies; and

(b) invite each of those bodies to make representations on the preliminary draft.

(3) For a charging authority in England, the consultation bodies are—

(a) each of the following whose area is in or adjoins the charging authority’s area—

(i) a local planning authority within the meaning of section 37 of PCPA 2004(1),

(ii) a local planning authority within the meaning of section 78 of PCPA 2004,

(iii) a county council,

(iv) a responsible regional authority;

(b) each parish council whose area is in the charging authority’s area;

(c) the Mayor if the charging authority is a London borough council;

(d) 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.

(4) For a charging authority in Wales, the consultation bodies are—

(a) each of the following whose area is in or adjoins the charging authority’s area—

(i) a local planning authority within the meaning of section 78 of PCPA 2004,

(ii) a local planning authority within the meaning of section 37 of PCPA 2004;

(b) 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; and

(c) the Welsh Ministers.

(5) The charging authority must also invite representations on the preliminary draft from—

(a) persons who are resident or carrying on business in its area; and

(b) such of the following as the charging authority consider appropriate—

(i) voluntary bodies some or all of whose activities benefit the charging authority’s area, and

(ii) bodies which represent the interests of persons carrying on business in the charging authority’s area.

(6) The charging authority must make such arrangements as it considers appropriate for inviting representations under paragraph (5).

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

(8) In this regulation “responsible regional authority” must be construed in accordance with Part 5 of the Local Democracy, Economic Development and Construction Act 2009(2).

(1)

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

(2)

2009 c. 20.