The Community Infrastructure Levy Regulations 2010

Publication of a draft charging schedule E+W

16.—(1) Before submitting a draft charging schedule for examination in accordance with section 212 of PA 2008, the charging authority must—

(a) make a copy of the draft charging schedule, the relevant evidence and a statement of the representations procedure available for inspection—

(i) at its principal office, and

(ii) at such other places within its area as it considers appropriate;

(b) publish on its website—

(i) the draft charging schedule,

(ii) the relevant evidence (to the extent that it is practicable to do so),

(iii) a statement of the representations procedure, and

(iv) a statement of the fact that the draft charging schedule and relevant evidence are available for inspection and of the places at which they can be inspected;

(c) send to each of the consultation bodies—

(i) a copy of the draft charging schedule, and

(ii) a statement of the representations procedure [F1 ; and][F1 .]

[F2 (d) give by local advertisement notice which sets out—

(i) a statement of the representations procedure, and

(ii) a statement of the fact that the draft charging schedule and relevant evidence are available for inspection and of the places at which they can be inspected.]

[F3 (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.]

(2) In this regulation [F4 —

“consultation bodies” means—

(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;

(ii)

a local planning authority within the meaning of section 78 of PCPA 2004;

(iii)

a county council;

(b)

each parish council or neighbourhood forum 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;

“neighbourhood forum” means an organisation or body designated as such under section 61F(3) of TCPA 1990;]

“statement of the representations procedure” means a statement specifying—

(a)

the period within which representations about the draft charging schedule must be made in accordance with regulation 17(2)(a);

(b)

the address to which, and the name of the person (if any) to whom, representations about the draft charging schedule must be made in accordance with regulation 17(2)(b);

(c)

that representations may be made in writing or by way of electronic communications;

(d)

that persons making representations may request the right to be heard by the examiner; and

(e)

that representations may be accompanied by a request to be notified at a specified address of any of the following—

(i)

that the draft charging schedule has been submitted to the examiner in accordance with section 212 of PA 2008,

(ii)

the publication of the recommendations of the examiner and the reasons for those recommendations, and

(iii)

the approval of the charging schedule by the charging authority.

Textual Amendments

F1 Reg. 16(1)(c): full stop substituted for semicolon and word (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(4)(a)(i) (with reg. 13)

F2 Reg. 16(1)(d) omitted (E.) (1.9.2019) by virtue of The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(4)(a)(ii) (with reg. 13)

F3 Reg. 16(1A) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(4)(b) (with reg. 13)

F4 Words in reg. 16(2) inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), regs. 1, 3(4)(c) (with reg. 13)

Commencement Information

I1 Reg. 16 in force at 6.4.2010, see reg. 1