128B.—(1) In this regulation “DMPO” means the Town and Country Planning (Development Management Procedure) (England) Order 2010.
(2) Where all the criteria set out in paragraph (3) are satisfied, paragraph (4) shall apply.
(3) The criteria are—
(a)on the day planning permission (A) is granted in relation to a development, the development is situated in an area in which a charging authority has no charging schedule in place;
(b)a new planning permission (B) is later granted in relation to the development;
(c)B is granted in accordance with regulation 18(1)(b) or (c) of DMPO (consultations before the grant of planning permission pursuant to section 73 or the grant of a replacement planning permission subject to a new time limit); and
(d)on the day B is granted, the development is situated in an area in which that charging authority has a charging schedule in effect.
(4) Other than this regulation these Regulations shall not apply in relation to that development.]
Textual Amendments
F1Reg. 128B inserted (29.11.2012) by The Community Infrastructure Levy (Amendment) Regulations 2012 (S.I. 2012/2975), regs. 1, 9(2) (with reg. 10(6))