C1C2C3Part 11Community Infrastructure Levy

Annotations:

214AF1Secretary of State: power to require review of certain charging schedules

1

This section applies where—

a

a charging schedule makes provision for the purpose of determining the amount of CIL chargeable in respect of street vote development, and

b

section 211(11) applied in relation to the charging schedule or the revision of the charging schedule in connection with making such provision.

2

The Secretary of State may direct a charging authority to review the charging schedule if the Secretary of State considers that—

a

the economic viability of street vote development in the charging authority’s area is significantly impaired, or

b

there is a substantial risk that it will become significantly impaired,

as a result of the CIL which is or will be chargeable in respect of street vote development in that area.

3

If a charging authority is directed to review its charging schedule under subsection (2), it must—

a

consider whether to revise the charging schedule under section 211(9), and

b

notify the Secretary of State of its decision with reasons.

4

If the charging authority decides to revise the charging schedule, it must do so within a reasonable time.

5

If a charging authority has not complied with a direction given under subsection (2) within a reasonable time and to a standard which the Secretary of State considers adequate, the Secretary of State may appoint a person to do so on behalf of the charging authority.

6

If a person appointed under subsection (5) decides that the charging schedule should be revised, the charging authority must revise the schedule accordingly within a reasonable time.

7

If the charging authority fails to revise the charging schedule in accordance with subsection (4) or (6), the Secretary of State may appoint a person to do so on behalf of the charging authority.

8

CIL regulations may make provision about—

a

procedures for appointing a person under subsection (5) or (7),

b

conditions which must be met before such an appointment may be made,

c

procedures which must be followed by the person in complying with a direction given under subsection (2) or revising the charging schedule under subsection (7),

d

circumstances in which the person may be replaced,

e

duties of a charging authority where a person is appointed to act on its behalf under subsection (5) or (7),

f

liability for costs incurred as a result of the appointment of the person, and

g

what constitutes a reasonable time under subsections (4) to (6).

9

In this section “street vote development” has the meaning given by section 211(12).