Part 11

Community Infrastructure Levy

Relationship with other powers
223
1
CIL regulations may include provision about how the following powers are to be used, or are not to be used—
a
section 106 of TCPA 1990 (planning obligations), and
b
section 278 of the Highways Act 1980 (c. 66) (execution of works).
2
CIL regulations may include provision about the exercise of any other power relating to planning or development.
3
The Secretary of State may give guidance to a charging or other authority about how a power relating to planning or development is to be exercised; and authorities must have regard to the guidance.
4
Provision may be made under subsection (1) or (2), and guidance may be given under subsection (3), only if the Secretary of State thinks it necessary or expedient for—
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 undermine or circumvent CIL regulations,
d
preventing agreements, undertakings or other transactions from being used to achieve a purpose that the Secretary of State thinks would better be achieved through the application of CIL regulations, or
e
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 a power to give guidance or directions may not be exercised—
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, or
d
to an extent specified in the regulations.
Pt. 11 functions transferred (W.) (24.5.2018) by The Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), arts. 1(1), 44(1) (with art. 44(2))
Pt. 11 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 33, 64(1)
Pt. 11 excluded (8.9.2022) by The A428 Black Cat to Caxton Gibbet Development Consent Order 2022 (S.I. 2022/934), arts. 1, 3(2)(f)