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| |
| |
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| | (c) | After subsection (7), there is inserted— |
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| | “(8) | The Secretary of State shall have a discretion to dismiss an |
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| | appeal or referral where, having considered the grounds of |
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| | appeal or referral, the Secretary of State is of the opinion that the |
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| | |
| | (a) | is vexatious, frivolous or without substance or |
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| | |
| | (b) | is made with the sole intention of delaying the |
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| | development or the intention of securing the payment of |
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| | money, gifts, consideration or other inducement by any |
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| | |
| |
| | |
| Clause 163, page 92, line 36, after ‘owners’, insert ‘or developers’. |
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| | Member’s explanatory statement
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| | This amendment brings developers, as well as owners, within the class of persons potentially liable |
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| | |
| |
| | |
| Clause 164, page 93, line 14, at end insert— |
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| | ‘(aa) | a county council, a county borough council, a district council, a London |
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| | borough council, a metropolitan district council, the Common Council of |
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| | the City of London or the Council of the Isles of Scilly,’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is to enable CIL regulations to empower local authorities (as defined |
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| | in the amendment) which are not local planning authorities to charge CIL. |
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| |
| | |
| Clause 165, page 93, line 29, after ‘owner’ insert ‘or developer’. |
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| | Member’s explanatory statement
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| | This amendment follows amendment 536. |
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| |
| | |
| Clause 165, page 93, line 35, at end insert ‘and’. |
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| | Member’s explanatory statement
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| | This amendment paves the way for amendment 542. |
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| |
| | |
| Clause 165, page 93, line 38, leave out ‘called))’ and insert ‘called, and whether |
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| |
| | Member’s explanatory statement
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| | This amendment permits the definition of planning permission in regulations to cover general per |
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| | missions or consents for development such as those granted under local development orders made |
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| | under section 61A of the Town and Country Planning Act 1990. |
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| |
| |
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| |
| | |
| Clause 165, page 93, line 38, leave out ‘and’. |
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| | Member’s explanatory statement
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| | This amendment paves the way for amendment 542. |
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| |
| | |
| Clause 165, page 94, line 1, leave out paragraph (c). |
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| | Member’s explanatory statement
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| | This amendment removes paragraph (c) of clause 165(3) with some of its content being moved to |
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| | the new subsection (3A) that amendment 544 provides for. |
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| |
| | |
| Clause 165, page 94, line 2, at end insert— |
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| | |
| | (d) | the time when planning permission first permits development (and the |
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| | regulations may, in particular, include provision about outline planning |
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| | permission and provision treating permission as having been given at a |
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| | particular time in the case of general consents).’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is to require CIL regulations to define what constitutes the time at |
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| | which planning permission first permits development for the purposes of CIL liability: in particu |
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| | lar, it allows for provision about outline planning permissions (which are approved in stages) and |
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| | |
| |
| | |
| Clause 165, page 94, line 2, at end insert— |
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| | ‘(3A) | The regulations must include provision for determining which owner or |
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| | developer is liable in respect of development; and the regulations may, in |
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| | |
| | |
| | |
| | (c) | provide for joint liability (including joint and several liability); |
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| | (d) | permit one or more persons to assume sole or joint and several liability; |
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| | (e) | permit one or more persons to assume joint and several liability with a |
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| | person who is liable in accordance with the regulations; |
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| | (f) | provide for liability in default of assumed liability; |
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| | (g) | provide for transfer of liability (assumed or otherwise); |
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| | (h) | make provision about notices.’. |
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| | Member’s explanatory statement
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| | This amendment requires CIL regulations to make provision for identifying which owner or devel |
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| | oper will be liable to pay CIL: in particular, it enables definitions of ‘owner’ and ‘developer’, the |
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| | imposition of joint and several liability and the transfer or assumption of liability. |
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| |
| | |
| Clause 166, page 94, line 16, at end insert ‘(which may include provision for |
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| consultation, for the appointment of an independent person or a combination).’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is to ensure that CIL regulations may include provision for consulta |
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| |
| |
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| | tion, and for examination by an independent person, in connection with setting or revising CIL |
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| | |
| |
| | |
| Clause 166, page 94, line 16, at end insert— |
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| | ‘(2A) | The regulations may permit or require charging authorities, in setting or revising |
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| | |
| | (a) | to have regard, to the extent and in the manner specified by the |
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| | regulations, to actual or expected costs of infrastructure (whether by |
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| | reference to lists prepared by virtue of section 167(3)(a) or otherwise); |
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| | (b) | to have regard, to the extent and in the manner specified by the |
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| | regulations, to actual or expected increase in value arising from planning |
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| | permission (calculated in accordance with the regulations); |
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| | (c) | to have regard, to the extent and in the manner specified by the |
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| | regulations, to actual or expected administrative expenses in connection |
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| | |
| | (d) | to have regard, to the extent and in the manner specified by the |
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| | regulations, to values used or documents produced for other statutory |
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| | |
| | (e) | to integrate the process, to the extent and in the manner specified by the |
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| | regulations, with processes undertaken for other statutory purposes; |
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| | (f) | to present the rates or other criteria in the form of a document (a |
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| | |
| | (g) | to produce charging schedules having effect in relation to specified |
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| | periods (subject to revision).’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is to provide regulation-making power to permit or require charging |
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| | authorities to have regard to (amongst other things) the costs of developing infrastructure, in |
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| | creases in land value, and, administrative costs in setting CIL rates and criteria and to require |
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| | these rates to be presented in a charging schedule. |
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| |
| | |
| Clause 166, page 94, line 17, leave out ‘authorities’ and insert ‘schedules’. |
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| | Member’s explanatory statement
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| | This effect of this amendment is to provide a power for CIL regulations to permit or require charg |
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| | ing schedules (see amendment 546) to adopt specified methods or criteria for calculating the rate |
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| | |
| |
| | |
| Clause 166, page 94, line 20, leave out ‘calculation’ and insert ‘charging schedules |
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| |
| | Member’s explanatory statement
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| | This amendment follows amendment 547. |
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| |
| | |
| Clause 166, page 94, line 21, at end insert— |
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| | ‘(aa) | permit or require charging schedules to operate by reference to any |
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| | measurement of the amount or nature of development (whether by |
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| | reference to measurements of floor space, to numbers or intended uses of |
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|
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| |
| |
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| | buildings, to numbers or intended uses of units within buildings, to |
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| | allocation of space within buildings or units, to values or expected values |
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| | |
| | (ab) | permit or require charging schedules to operate by reference to the nature |
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| | or existing use of the place where development is undertaken;’. |
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| | Member’s explanatory statement
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| | This amendment sets out examples of the ways in which the charging schedule (provided for in |
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| | amendment 546) might operate. |
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| |
| | |
| Clause 166, page 94, line 22, leave out paragraph (b). |
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| | Member’s explanatory statement
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| | This amendment follows amendment 546. |
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| |
| | |
| Clause 166, page 94, line 25, leave out ‘refer to, or permit,’ and insert ‘permit or |
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| require charging schedules to operate by’. |
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| | Member’s explanatory statement
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|
| | This amendment follows amendment 546. |
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| |
| | |
| Clause 166, page 94, line 27, leave out ‘refer to, or permit,’ and insert ‘permit or |
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| require charging schedules to operate by’. |
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| | Member’s explanatory statement
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| | This amendment is consequent to amendment 546. |
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| |
| | |
| Clause 166, page 94, line 27, after ‘used’, insert ‘or documents produced’. |
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| | Member’s explanatory statement
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| | This amendment clarifies that regulations may provide for the CIL charging schedule to operate |
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| | with reference to documents produced for other statutory purposes. |
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| |
| | |
| Clause 166, page 94, line 29, after ‘permit’, insert ‘or require’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is to provide an additional power for CIL regulations to require a |
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| | charging schedule to contain provision for reductions in CIL . |
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| |
| | |
| Clause 166, page 94, line 31, at end insert— |
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| | ‘(6) | In this section a reference to publication includes a reference to making available |
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| | |
| | Member’s explanatory statement
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|
| | This amendment clarifies that the powers in clause 166(2)(a) to require charging authorities to |
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| | publish the rates or criteria by reference which they charge CIL includes power to require charg |
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| | ing authorities to make them available for public inspection. |
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| |
| |
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| |
| | |
| Clause 167, page 94, line 34, at end insert— |
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| | ‘(1A) | In subsection (1) “infrastructure” includes— |
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| | (a) | roads and other transport facilities, |
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| | |
| | (c) | schools and other educational facilities, |
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| | |
| | (e) | sporting and recreational facilities, |
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| | |
| | (g) | affordable housing (being social housing within the meaning of Part 2 of |
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| | the Housing and Regeneration Act 2008 and such other housing as CIL |
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| | regulations may specify). |
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| | (1B) | The regulations may amend subsection (1A) so as to— |
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| | (a) | add, remove or vary an entry in the list of matters included within the |
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| | meaning of “infrastructure”; |
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| | (b) | list matters excluded from the meaning of “infrastructure”.’. |
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| | Member’s explanatory statement
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| | This amendment provides certainty about what types of infrastructure CIL can be spent on by list |
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| | ing certain items in a definition of “infrastructure”. It also enables regulations to be made to alter |
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| | |
| |
| | |
| Clause 167, page 94, leave out line 37 and insert ‘funded by CIL,’. |
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| | Member’s explanatory statement
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| | This amendment alters the meaning of clause 167(2) so that the power there becomes a power to |
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| | specify what works, installations and other facilities may or may not be funded by CIL. |
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| |
| | |
| Clause 167, page 95, line 3, at end insert— |
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| | ‘(c) | include provision about the circumstances in which a charging authority |
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| | may and may not apply CIL to projects not included on the list.’. |
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| | Member’s explanatory statement
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|
| | The effect of this amendment is to allow for CIL regulations to control the circumstances in which |
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| | CIL may be used to fund infrastructure not included in a list of infrastructure which may required |
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| | to be produced by them under clause 167(3)(a). |
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| |
| | |
| Clause 167, page 95, line 27, at end insert— |
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| | ‘(6) | In this section a reference to publication includes a reference to making available |
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| | |
| | Member’s explanatory statement
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|
| | This amendment clarifies that the power in clause 166(3)(a) to make regulations requiring charg |
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| | ing authorities to publish a list of CIL- funded projects includes the power to require that this doc |
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| | ument is made available for public inspection. |
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| |
| |
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| |
| | |
| Clause 168, page 95, line 38, leave out ‘one’ and insert ‘a charging authority or |
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| |
| | Member’s explanatory statement
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| | This amendment is to clarify that a number of charging or other authorities (as opposed to just |
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| | one) may collect CIL on behalf of a charging authority. |
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| |
| | |
| Clause 168, page 95, line 39, at end insert ‘authority.’. |
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| | Member’s explanatory statement
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|
| | This amendment follows amendment 560. |
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| |
| | |
| Clause 169, page 96, line 4, at end insert ‘or surcharge;’. |
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| | Member’s explanatory statement
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|
| | This amendment clarifies that regulations on the enforcement of CIL may provide for the imposi |
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| | |
| |
| | |
| Clause 169, page 96, line 8, after ‘pending’, insert ‘assumption of liability for CIL |
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| |
| | Member’s explanatory statement
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| | The effect of this amendment is to extend the power in clause 169(1)(2)(e) so that authorities can |
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| | be empowered to prohibit a development not only when some is liable to pay CIL but when some |
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| | one is yet to assume that liability. |
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| |
| | |
| Clause 169, page 96, line 10, at end insert ‘(including, in particular, offences |
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| relating to evasion or attempted evasion or to the provision of false or misleading |
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| information, and offences relating to the prevention or investigation of other offences |
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| created by the regulations).’. |
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| | Member’s explanatory statement
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|
| | This amendment gives examples of the types of criminal offence that may be provided for in CIL |
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| | |
| |
| | |
| Clause 169, page 96, line 10, at end insert— |
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| | ‘(g) | for enforcement of sums owed (whether by action on a debt, by distraint |
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| | against goods or in any other way).’. |
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| | Member’s explanatory statement
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|
| | This amendment allows for regulations to make provision for enforcing payment of CIL through |
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| | civil proceedings such as a debt action or by distraint against goods |
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| |
| | |
| Clause 170, page 96, line 32, after ‘authority’, insert ‘or other public authority’. |
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| | Member’s explanatory statement
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|
| | The effect of this amendment is to allow the Secretary of State to issue guidance to other public |
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|
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| |
| |
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| | authorities on CIL connected matters (and not just charging authorities) and to require them to |
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| | |
| |
| | |
| Clause 170, page 96, line 33, leave out ‘a charging’ and insert ‘the’. |
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| | Member’s explanatory statement
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|
| | This amendment follows amendment 566. |
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| |
| | |
| Clause 172, page 97, line 11, at end insert— |
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| | ‘(1A) | CIL regulations may include provision about the exercise of any other power |
|
| | relating to planning or development.’. |
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| | Member’s explanatory statement
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|
| | The effect of this amendment is to allow for CIL regulations to provide for how any power relating |
|
| | to planning or development may or may not be used (subject to the restrictions provided for in |
|
| | |
| |
| | |
| Clause 172, page 97, line 12, leave out from ‘how’ to ‘and’ in line 14 and insert ‘a |
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| power relating to planning or development is to be exercised;’. |
|
| | Member’s explanatory statement
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|
| | The effect of this amendment is to allow regulations to permit the Secretary of State to issue guid |
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| | ance to charging authorities on the use of a power relating to planning or development (subject to |
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| | the restrictions provided for in amendment 570). |
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| |
| | |
| Clause 172, page 97, line 14, at end insert— |
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| | ‘(3) | Provision may be made under subsection (1) or (1A), and guidance may be given |
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| | under subsection (2), only if the Secretary of State thinks it necessary or |
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| | |
| | (a) | complementing the main purpose of CIL regulations, |
|
| | (b) | enhancing the effectiveness of CIL regulations, |
|
| | (c) | preventing agreements, undertakings or other transactions from being |
|
| | used to undermine or circumvent CIL regulations, |
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| | (d) | preventing agreements, undertakings or other transactions from being |
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| | used to achieve a purpose that the Secretary of State thinks would better |
|
| | be achieved through the application of CIL regulations, or |
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| | (e) | preventing or restricting the imposition of burdens, the making of |
|
| | agreements or the giving of undertakings, in addition to CIL. |
|
| | (4) | CIL regulations may provide that a power to give guidance or directions may not |
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| | |
| | (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.’. |
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|