Discretionary relief for exceptional circumstances
55.—(1) A charging authority may grant relief (“relief for exceptional circumstances”) from liability to pay CIL in respect of a chargeable development (D) if—
(a)it appears to the charging authority that there are exceptional circumstances which justify doing so; and
(b)the charging authority considers it expedient to do so.
(2) Paragraph (1) is subject to the following provisions of this regulation.
(3) A charging authority may only grant relief for exceptional circumstances if—
(a)it has made relief for exceptional circumstances available in its area;
(b)a planning obligation under section 106 of TCPA 1990(1) has been entered into in respect of the planning permission which permits D; and
(c)the charging authority—
(i)considers that the cost of complying with the planning obligation is greater than the chargeable amount payable in respect of D,
(ii)considers that to require payment of the CIL charged by it in respect of D would have an unacceptable impact on the economic viability of D, and
(iii)is satisfied that to grant relief would not constitute a State aid which is required to be notified to and approved by the European Commission.
(4) The Mayor may not grant relief for exceptional circumstances in respect of a chargeable development unless a claim for that relief is referred to the Mayor by a London borough council in accordance with regulation 58(3).
Section 106 was substituted by section 12 of the Planning and Compensation Act 1991 and amended by section 33 of the Greater London Authority Act 2007 (c. 24) and section 174 of the Planning Act 2008.