Search Legislation

The Community Infrastructure Levy (Amendment) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2018 No. 172

Community Infrastructure Levy, England And Wales

The Community Infrastructure Levy (Amendment) Regulations 2018

Made

8th February 2018

Coming into force in accordance with regulation 1

The Secretary of State, in exercise of the powers conferred by sections 205(1), 211(3) and (6)(d) and 222(1)(a), (b) and (f) of the Planning Act 2008(1), and with the consent of the Treasury, makes the following Regulations.

A draft of these Regulations has been laid before the House of Commons under section 222(2)(b) of the Planning Act 2008 and approved by resolution of that House.

Citation, commencement and application

1.—(1) These Regulations may be cited as the Community Infrastructure Levy (Amendment) Regulations 2018 and come into force on the day after the date on which they are made.

(2) These Regulations apply to any liability notice or revised liability notice issued by a collecting authority under regulation 65 of the Community Infrastructure Levy Regulations 2010(2) on or after the date on which these Regulations come into force.

Amendment to Part 12 of the Community Infrastructure Levy Regulations 2010

2.—(1) Regulation 128A (transitional provision: section 73 of TCPA 1990 applications) of the Community Infrastructure Levy Regulations 2010 is amended in accordance with the following provisions.

(2) For paragraph (4) substitute—

(4) For the purposes of calculating Y, regulation 40 applies as if—

(a)the index figure (Ip) for A were the index figure for the year in which B was granted;

(b)a reference to a relevant charging schedule were a reference to the charging schedule which was in effect—

(i)at the time B first permits development; and

(ii)in the area in which the development will be situated..

We consent

David Rutley

Mark Spencer

Two of the Lords Commissioners of Her Majesty’s Treasury

5th February 2018

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Dominic Raab

Minister of State

Ministry of Housing, Communities and Local Government

8th February 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 11 of the Planning Act 2008 provides for the imposition of a charge known as the Community Infrastructure Levy (“the Levy”). The Community Infrastructure Levy Regulations 2010 (S.I. 2010/948) (“the CIL Regulations”) implement the detail of the levy. Whether to charge a community infrastructure levy in their area is a decision for the charging authority (usually the local planning authority). A community infrastructure levy (“CIL”) is brought into force in an area by the authority adopting a charging schedule.

These Regulations provide a clarificatory amendment to regulation 128A of the CIL Regulations. These Regulations apply in England and Wales. The Regulations apply to any liability notice or revised liability notice issued by an authority under section 65 of the CIL Regulations on or after that coming into force date.

Regulation 2 amends regulation 128A of the CIL Regulations. Regulation 128A provides for the case where development is granted planning permission (A) before a CIL comes into force in the area and the conditions of that permission are amended by any later planning permission (B) granted under section 73 of the Town and Country Planning Act 1990 where B is granted after a CIL for the area comes into effect. In these cases regulation 128A provides that the development under B is liable to CIL on any additional liability it introduces to the development such as an increase in floorspace (or change of use) compared to the development under A. The amendment to regulation 128A clarifies that when calculating “Y” (the notional amount of CIL payable for development under A), the index figure (for building cost inflation) to be used is the index figure for B.

The Department is not required to produce an impact assessment in relation to the community infrastructure levy, as it is a financial instrument.

(1)

2008 c. 29. There are amendments to section 205 which are not relevant to these Regulations.

(2)

S.I. 2010/948. Regulation 128A was inserted by S.I. 2012/2975 and amended by S.I. 2014/385.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources