The Community Infrastructure Levy Regulations 2010

[F1 PART 1 E+W Standard cases

Textual Amendments

F1 Sch. 1 inserted (E.) (1.9.2019) by The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (S.I. 2019/1103), reg. 1, Sch. 1 (with regs. 1(3), 13)

Chargeable amount: standard cases E+W

1.— (1) The chargeable amount is an amount equal to the aggregate of the amounts of CIL chargeable at each of the relevant rates.

(2) But where that amount is less than £50 the chargeable amount is deemed to be zero.

(3) The relevant rates are the rates, taken from the relevant charging schedules, at which CIL is chargeable in respect of the chargeable development.

(4) The amount of CIL chargeable at a given relevant rate (R) must be calculated by applying the following formula—

where—

• A = the deemed net area chargeable at rate R, calculated in accordance with sub-paragraph (6);

• I_P = the index figure for the calendar year in which planning permission was granted; and

• I_C = the index figure for the calendar year in which the charging schedule containing rate R took effect.

(5) In this paragraph the index figure for a given calendar year is—

(a) in relation to any calendar year before 2020, the figure for 1st November for the preceding calendar year in the national All-in Tender Price Index published from time to time by the Royal Institution of Chartered Surveyors;

(b) in relation to the calendar year 2020 and any subsequent calendar year, the RICS CIL Index published in November of the preceding calendar year by the Royal Institution of Chartered Surveyors;

(c) if the RICS CIL index is not so published, the figure for 1st November for the preceding calendar year in the national All-in Tender Price Index published from time to time by the Royal Institution of Chartered Surveyors;

(d) if the national All-in Tender Price Index is not so published, the figure for 1st November for the preceding calendar year in the retail prices index.

(6) The value of A must be calculated by applying the following formula—

where—

• G = the gross internal area of the chargeable development;

• G_R = the gross internal area of the part of the chargeable development chargeable at rate R;

• K_R = the aggregate of the gross internal areas of the following—

  (i)

  retained parts of in-use buildings; and

  (ii)

  for other relevant buildings, retained parts where the intended use following completion of the chargeable development is a use that is able to be carried on lawfully and permanently without further planning permission in that part on the day before planning permission first permits the chargeable development;

• E = the aggregate of the following—

  (i)

  the gross internal areas of parts of in-use buildings that are to be demolished before completion of the chargeable development; and

  (ii)

  for the second and subsequent phases of a phased planning permission, the value E_x (as determined under sub-paragraph (7)), unless E_x is negative,

provided that no part of any building may be taken into account under both of paragraphs (i) and (ii) above.

(7) The value E_x must be calculated by applying the following formula—

where—

• E_P = the value of E for the previously commenced phase of the planning permission;

• G_P = the value of G for the previously commenced phase of the planning permission; and

• K_PR = the total of the values of K_R for the previously commenced phase of the planning permission.

(8) Where the collecting authority does not have sufficient information, or information of sufficient quality, to enable it to establish that a relevant building is an in-use building, it may deem it not to be an in-use building.

(9) Where the collecting authority does not have sufficient information, or information of sufficient quality, to enable it to establish—

(a) whether part of a building falls within a description in the definitions of K_R and E in sub-paragraph (6); or

(b) the gross internal area of any part of a building falling within such a description,

it may deem the gross internal area of the part in question to be zero.

(10) In this paragraph—

“building” does not include—

(i)

a building into which people do not normally go;

(ii)

a building into which people go only intermittently for the purpose of maintaining or inspecting machinery; or

(iii)

a building for which planning permission was granted for a limited period;

“in-use building” means a building which—

(i)

is a relevant building, and

(ii)

contains a part that has been in lawful use for a continuous period of at least six months within the period of three years ending on the day planning permission first permits the chargeable development;

“new build” means that part of the chargeable development which will comprise new buildings and enlargements to existing buildings, and in relation to a chargeable development granted planning permission under section 73 of TCPA 1990 (“the new permission”) includes any new buildings and enlargements to existing buildings which were built pursuant to a previous planning permission to which the new permission relates;

“relevant building” means a building which is situated on the relevant land on the day planning permission first permits the chargeable development;

“relevant charging schedules” means the charging schedules which are in effect—

(i)

at the time planning permission first permits the chargeable development, and

(ii)

in the area in which the chargeable development will be situated;

“retained part” means part of a building which will be—

(i)

on the relevant land on completion of the chargeable development (excluding new build),

(ii)

part of the chargeable development on completion, and

(iii)

chargeable at rate R.

Chargeable amount: outline permissions where first permits date is after new charging schedule E+W

2.— (1) Where the criteria in sub-paragraph (2) are satisfied by a chargeable development, paragraph 1 applies (with the modifications in sub-paragraph (3)) for determining the chargeable amount in respect of the chargeable development.

(2) The criteria are—

(a) on the day an outline planning permission (A) is granted in relation to the development, the development is situated in an area for which the charging authority has a charging schedule in effect;

(b) a new or revised charging schedule is later brought into effect before the day on which A first permits development.

(3) For the purposes of calculating the chargeable amount of the chargeable development, paragraph 1 applies as if—

(a) a reference to a relevant charging schedule were a reference to the charging schedule of the charging authority which was in effect at the time A was granted; and

(b) I_C were the index figure for the calendar year in which that charging schedule took effect.]