PART 6

Planning
CHAPTER 3

Neighbourhood planning

Regulations under section 117: collection and enforcement
118
1
Regulations under section 117 must include provision about the collection of charges imposed by the regulations.
2
The regulations may make provision—
a
for payment on account or by instalments,
b
about repayment (with or without interest) in cases of overpayment, and
c
about the source of payments in respect of a Crown interest or Duchy interest (within the meaning of section 227(3) or (4) of the Planning Act 2008).
3
Regulations under section 117 must include provision about enforcement of charges imposed by the regulations; and that provision must include provision—
a
for a charge (or other amount payable under the regulations) to be treated as a civil debt due to a local planning authority, and
b
for the debt to be recoverable summarily.
4
The regulations may make provision—
a
about the consequences of failure to assume liability, to give a notice or to comply with another procedure under the regulations,
b
for the payment of interest (at a rate specified in, or determined in accordance with, the regulations),
c
for the imposition of a penalty or surcharge (of an amount specified in, or determined in accordance with, the regulations),
d
replicating or applying (with or without modifications) any provision made by any of sections 324 to 325A of the Town and Country Planning Act 1990 (rights of entry), and
e
for enforcement in the case of death or insolvency of a person liable for the charge.
Pt. 6: power to amend conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 132, 255(3)(a) (with s. 247)