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40.—(1) The collecting authority must calculate the amount of CIL payable (“chargeable amount”) in respect of a chargeable development in accordance with this regulation.
(2) The chargeable amount is an amount equal to the aggregate of the amounts of CIL chargeable at each of the relevant rates.
(3) But where that amount is less than £50 the chargeable amount is deemed to be zero.
(4) The relevant rates are the rates at which CIL is chargeable in respect of the chargeable development taken from the charging schedules which are in effect—
(a)at the time planning permission first permits the chargeable development; and
(b)in the area in which the chargeable development will be situated.
(5) The amount of CIL chargeable at a given relevant rate (R) must be calculated by applying the following formula—
the deemed net area chargeable at rate R;
the index figure for the year in which planning permission was granted; and
the index figure for the year in which the charging schedule containing rate R took effect.
(6) The value of A in paragraph (5) must be calculated by applying the following formula—
the gross internal area of the part of the chargeable development chargeable at rate R;
the gross internal area of the chargeable development; and
an amount equal to the aggregate of the gross internal areas of all buildings which—
on the day planning permission first permits the chargeable development, are situated on the relevant land and in lawful use; and
are to be demolished before completion of the chargeable development.
(7) The index referred to in paragraph (5) is the national All-in Tender Price Index published from time to time by the Building Cost Information Service of the Royal Institution of Chartered Surveyors(1); and the figure for a given year is the figure for 1st November of the preceding year.
(8) But in the event that the All-in Tender Price Index ceases to be published, the index referred to in paragraph (5) is the retail prices index; and the figure for a given year is the figure for November of the preceding year.
(9) Where the collecting authority does not have sufficient information, or information of sufficient quality, to enable it to establish—
(a)the gross internal area of a building situated on the relevant land; or
(b)whether a building situated on the relevant land is in lawful use,
the collecting authority may deem the gross internal area of the building to be zero.
(10) For the purposes of this regulation a building is in use if a part of that building has been in use for a continuous period of at least six months within the period of 12 months ending on the day planning permission first permits the chargeable development.
(11) In this regulation “building” does not include—
(a)a building into which people do not normally go;
(b)a building into which people go only intermittently for the purpose of maintaining or inspecting machinery; or
(c)a building for which planning permission was granted for a limited period.
Registered in England and Wales no. RC000487.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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