C1C2C3Part 11Community Infrastructure Levy
Pt. 11 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 33, 64(1)
Pt. 11 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(f)
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).
Pt. 11 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 44(1) (with art. 44(2))