Part 11Community Infrastructure Levy

219Compensation

1

CIL regulations may require a charging authority or other public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.

2

In this section, “enforcement action” means action taken under regulations under section 218, including—

a

the suspension or cancellation of a decision relating to planning permission, and

b

the prohibition of development pending assumption of liability for CIL or pending payment of CIL.

3

The regulations shall not require payment of compensation—

a

to a person who has failed to satisfy a liability to pay CIL, or

b

in other circumstances specified by the regulations.

4

Regulations under this section may make provision about—

a

the time and manner in which a claim for compensation is to be made, and

b

the sums, or the method of determining the sums, payable by way of compensation.

5

CIL regulations may permit or require a charging authority to apply CIL (either generally or subject to limits set by or determined in accordance with the regulations) for expenditure incurred under this section.

6

A dispute about compensation may be referred to and determined by the Lands Tribunal.

7

In relation to the determination of any such question, the provisions of sections 2 and 4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to the provisions of CIL regulations.