Planning (Wales) Act 2026

Prospective

203 Relationship with other powers E+W

(1) CIL regulations may include provision about the matters in subsection (2) but only for a purpose set out in subsection (4).

(2) The matters are—

(a) how powers under the following provisions are to be used, or are not to be used—

(i) sections 165 and 166 (planning obligations and their enforcement), and

(ii) section 278 of the Highways Act (agreements relating to execution of works);

(b) the exercise of any other power relating to planning or development.

(3) The Welsh Ministers may not give guidance about how a power relating to planning or development is to be exercised in connection with CIL except for a purpose set out in subsection (4); and if they give such guidance, charging authorities and other public authorities must have regard to it.

(4) The purposes are—

(a) complementing the main purpose of CIL regulations;

(b) enhancing the effectiveness, or increasing the use, of CIL regulations;

(c) preventing agreements, undertakings or other transactions from being used to—

(i) undermine or circumvent CIL regulations;

(ii) achieve a purpose that the Welsh Ministers think would be better achieved through the application of CIL regulations;

(d) preventing or restricting the imposition of burdens, the making of agreements or the giving of undertakings, in addition to CIL.

(5) CIL regulations may provide that guidance or directions may not be given—

(a) in relation to matters specified in the regulations;

(b) in cases or circumstances specified in the regulations;

(c) for a purpose specified in the regulations;

(d) to an extent specified in the regulations.

Commencement Information

I1 S. 203 not in force at Royal Assent, see s. 409(2)