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Planning Act 2008
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- 2008 c. 29
- Part 11
- Section 206
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Planning Act 2008, Section 206 is up to date with all changes known to be in force on or before 24 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 206:
- s. 206(1) words inserted by 2023 c. 55 s. 139(4)(a)
- s. 206(3) substituted by 2023 c. 55 s. 139(4)(b)
- s. 206(4) words omitted by 2023 c. 55 s. 139(4)(c)(ii)
- s. 206(4) words substituted by 2023 c. 55 s. 139(4)(c)(i)
- s. 206(4)(a) words inserted by 2023 c. 55 s. 139(4)(c)(iii)
- s. 206(4)(c)-(e) omitted by 2023 c. 55 s. 139(4)(c)(iv)
- s. 206(5)(a) omitted by 2023 c. 55 s. 139(4)(d)(i)
- s. 206(5)(b) words omitted by 2023 c. 55 s. 139(4)(d)(ii)
- s. 206(6) omitted by 2023 c. 55 s. 139(4)(e)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 10A inserted by 2023 c. 55 Sch. 12 para. 1
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 37(3A) inserted by 2021 c. 30 Sch. 15 para. 7
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 103(1A) inserted by 2021 c. 30 Sch. 15 para. 2
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 104(3)-(3B) substituted for s. 104(3) by 2021 c. 30 Sch. 15 para. 3(2)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 105(3)(4) inserted by 2021 c. 30 Sch. 15 para. 4(1)
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 120(2)(c) inserted by 2021 c. 30 Sch. 15 para. 8
- s. 223(1)(za) inserted by 2023 c. 55 s. 139(6)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- s. 232(5)(f) inserted by 2021 c. 30 Sch. 15 para. 9(2)
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
- Sch. 2A inserted by 2021 c. 30 Sch. 15 para. 5
206The chargeE+W
This section has no associated Explanatory Notes
(1)A charging authority may charge CIL in respect of development of land in its area.
(2)A local planning authority is the charging authority for its area.
(3)But—
(a)the Mayor of London is a charging authority for Greater London (in addition to the local planning authorities),
(b)the Broads Authority is the only charging authority for the Broads (within the meaning given by section 2(3) of the Norfolk and Suffolk Broads Act 1988 (c. 4)), and
(c)the Council of the Isles of Scilly is the only charging authority for the Isles of Scilly.
(4)CIL regulations may provide for any of the following to be the charging authority for an area, or in the case of Greater London one of the charging authorities, in place of the charging authority under subsection (2), (3)(b) or (c)—
(a)a county council,
(b)a county borough council,
(c)a district council,
(d)a metropolitan district council, and
(e)a London borough council (within the meaning of TCPA 1990).
(5)In this section, “local planning authority” has the meaning given by—
(a)section 37 of PCPA 2004 in relation to England, [F1except that a Mayoral development corporation is a local planning authority for the purposes of this section only if it is the local planning authority for all purposes of Part 2 of PCPA 2004 in respect of the whole of its area and all kinds of development, ]and
(b)section 78 of PCPA 2004 in relation to Wales.
[F2(6)CIL regulations may make transitional provision in connection with, or in anticipation of, a Mayoral development corporation—
(a)becoming a charging authority as a result of the operation of subsection (2), or
(b)ceasing to be a charging authority as a result of the operation of that subsection.]
Textual Amendments
F1Words in s. 206(5)(a) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 61(2)
F2S. 206(6) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 61(3)
Commencement Information
I1S. 206 in force at 6.4.2009 for specified purposes by S.I. 2009/400, art. 3(k)
I2S. 206 in force at 6.4.2010 for E.W. in so far as not already in force by S.I. 2010/566, art. 3(c)
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