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Planning Bill


Planning Bill
Part 11 — Community Infrastructure Levy

110

 

178     

Application

(1)   

CIL regulations must require the authority that collects CIL to apply it, or cause

it to be applied, to funding infrastructure.

(2)   

In subsection (1) “infrastructure” includes—

(a)   

roads and other transport facilities,

5

(b)   

flood defences,

(c)   

schools and other educational facilities,

(d)   

medical facilities,

(e)   

sporting and recreational facilities,

(f)   

open spaces, and

10

(g)   

affordable housing (being social housing within the meaning of Part 2

of the Housing and Regeneration Act 2008 and such other housing as

CIL regulations may specify).

(3)   

The regulations may amend subsection (2) so as to—

(a)   

add, remove or vary an entry in the list of matters included within the

15

meaning of “infrastructure”;

(b)   

list matters excluded from the meaning of “infrastructure”.

(4)   

The regulations may specify—

(a)   

works, installations and other facilities that are to be, or not to be,

funded by CIL,

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(b)   

criteria for determining the areas in relation to which infrastructure

may be funded by CIL in respect of land, and

(c)   

what is to be, or not to be, treated as funding.

(5)   

The regulations may—

(a)   

require charging authorities to prepare and publish a list of projects

25

that are to be, or may be, wholly or partly funded by CIL;

(b)   

include provision about the procedure to be followed in preparing a list

(which may include provision for consultation, for the appointment of

an independent person or a combination);

(c)   

include provision about the circumstances in which a charging

30

authority may and may not apply CIL to projects not included on the

list.

(6)   

In making provision about funding the regulations may, in particular—

(a)   

permit CIL to be used to reimburse expenditure already incurred;

(b)   

permit CIL to be reserved for expenditure that may be incurred on

35

future projects;

(c)   

permit CIL to be applied (either generally or subject to limits set by or

determined in accordance with the regulations) to administrative

expenses in connection with infrastructure or in connection with CIL;

(d)   

include provision for the giving of loans, guarantees or indemnities;

40

(e)   

make provision about the application of CIL where the projects to

which it was to be applied no longer require funding.

(7)   

The regulations may—

(a)   

require a charging authority to account separately, and in accordance

with the regulations, for CIL received or due;

45

(b)   

require a charging authority to monitor the use made and to be made

of CIL in its area;

 
 

Planning Bill
Part 11 — Community Infrastructure Levy

111

 

(c)   

require a charging authority to report on the charging, collection and

application of CIL;

(d)   

permit a charging authority to cause money to be applied in respect of

things done outside its area;

(e)   

permit a charging authority or other body to spend money;

5

(f)   

permit a charging authority to pass money to another body (and in

paragraphs (a) to (e) a reference to a charging authority includes a

reference to a body to which a charging authority passes money in

reliance on this paragraph).

(8)   

In this section a reference to publication includes a reference to making

10

available for inspection.

179     

Collection

(1)   

CIL regulations must include provision about the collection of CIL.

(2)   

The regulations may make provision for payment—

(a)   

on account;

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(b)   

by instalments.

(3)   

The regulations may make provision about repayment (with or without

interest) in cases of overpayment.

(4)   

The regulations may make provision about payment in forms other than

money (such as making land available, carrying out works or providing

20

services).

(5)   

The regulations may permit or require a charging authority or other public

authority to collect CIL charged by another authority.

(6)   

Regulations under this section may replicate or apply (with or without

modifications) any enactment relating to the collection of a tax.

25

180     

Enforcement

(1)   

CIL regulations must include provision about enforcement of CIL.

(2)   

The regulations must make provision about the consequences of late payment

and failure to pay; and the regulations may, in particular, include provision—

(a)   

for the payment of interest;

30

(b)   

for the imposition of a penalty or surcharge;

(c)   

for the registration of local land charges;

(d)   

for the suspension or cancellation of a decision relating to planning

permission;

(e)   

enabling an authority to prohibit development pending assumption of

35

liability for CIL or pending payment of CIL;

(f)   

creating a criminal offence (including, in particular, offences relating to

evasion or attempted evasion or to the provision of false or misleading

information, and offences relating to the prevention or investigation of

other offences created by the regulations);

40

(g)   

for enforcement of sums owed (whether by action on a debt, by

distraint against goods or in any other way).

(3)   

Regulations under this section may—

 
 

Planning Bill
Part 11 — Community Infrastructure Levy

112

 

(a)   

replicate or apply (with or without modifications) any enactment

relating to the enforcement of a tax;

(b)   

provide for appeals.

181     

Secretary of State

(1)   

CIL regulations may confer powers on the Secretary of State to control the

5

imposition, collection and application of CIL.

(2)   

In particular, the regulations may permit the Secretary of State—

(a)   

to set maximum amounts of CIL to be raised by a charging authority

(whether in respect of a period or in respect of one or more

developments);

10

(b)   

to direct a charging authority as to the application of money received

by way of CIL.

(3)   

The regulations may make provision about the procedure to be followed by the

Secretary of State in exercising, or considering whether to exercise, a power by

virtue of this section.

15

(4)   

The regulations may permit the Secretary of State to exercise a power by virtue

of this section—

(a)   

generally or in relation to specified cases, circumstances, areas or

authorities;

(b)   

differently for different cases, circumstances, areas or authorities.

20

(5)   

The Secretary of State may give guidance to a charging authority or other

public authority about any matter connected with CIL; and the authority must

have regard to the guidance.

182     

CIL regulations: general

(1)   

CIL regulations—

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(a)   

may make provision that applies generally or only to specified cases,

circumstances or areas,

(b)   

may make different provision for different cases, circumstances or

areas,

(c)   

may provide for exceptions,

30

(d)   

may confer a discretionary power on the Secretary of State, a local

authority or another specified person,

(e)   

may apply an enactment, with or without modifications, and

(f)   

may include incidental, transitional or consequential provision (which

may include provision amending an enactment).

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(2)   

CIL regulations—

(a)   

shall be made by statutory instrument, and

(b)   

shall not be made unless a draft has been laid before and approved by

resolution of the House of Commons.

183     

Relationship with other powers

40

(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

 
 

Planning Bill
Part 12 — Final provisions

113

 

(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 authority about how a

power relating to planning or development is to be exercised; and charging

5

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,

10

(b)   

enhancing the effectiveness 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

15

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—

20

(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.

Part 12

25

Final provisions

The Crown

184     

Application to the Crown

(1)   

This Act binds the Crown, subject to subsections (2) and (3).

(2)   

Sections 38, 51, 120, 139, 186 and 189 make special provision in relation to the

30

application of some provisions of this Act to the Crown.

(3)   

The amendments made by this Act bind the Crown only to the extent that the

provisions amended bind the Crown.

185     

Expressions relating to the Crown

(1)   

In this Act, expressions relating to the Crown must be read in accordance with

35

this section.

(2)   

Crown land is land in which there is a Crown interest or a Duchy interest.

(3)   

A Crown interest is any of the following—

(a)   

an interest belonging to Her Majesty in right of the Crown or in right of

Her private estates;

40

 
 

Planning Bill
Part 12 — Final provisions

114

 

(b)   

an interest belonging to a government department or held in trust for

Her Majesty for the purposes of a government department;

(c)   

such other interest as the Secretary of State specifies by order.

(4)   

A Duchy interest is—

(a)   

an interest belonging to Her Majesty in right of the Duchy of Lancaster,

5

or

(b)   

an interest belonging to the Duchy of Cornwall.

(5)   

The appropriate Crown authority in relation to any land is—

(a)   

in the case of land belonging to Her Majesty in right of the Crown and

forming part of the Crown Estate, the Crown Estate Commissioners;

10

(b)   

in relation to any other land belonging to Her Majesty in right of the

Crown, the government department having the management of the

land;

(c)   

in relation to land belonging to Her Majesty in right of Her private

estates, a person appointed by Her Majesty in writing under the Royal

15

Sign Manual or, if no such appointment is made, the Secretary of State;

(d)   

in relation to land belonging to Her Majesty in right of the Duchy of

Lancaster, the Chancellor of the Duchy;

(e)   

in relation to land belonging to the Duchy of Cornwall, such person as

the Duke of Cornwall, or the possessor for the time being of the Duchy,

20

appoints;

(f)   

in the case of land belonging to a government department or held in

trust for Her Majesty for the purposes of a government department, the

department;

(g)   

in relation to Westminster Hall and the Chapel of St Mary Undercroft,

25

the Lord Great Chamberlain and the Speakers of the House of Lords

and the House of Commons acting jointly;

(h)   

in relation to Her Majesty’s Robing Room in the Palace of Westminster,

the adjoining staircase and ante-room and the Royal Gallery, the Lord

Great Chamberlain.

30

(6)   

If any question arises as to what authority is the appropriate Crown authority

in relation to any land it must be referred to the Treasury, whose decision is

final.

(7)   

For the purposes of an application for an order granting development consent

made by or on behalf of the Crown in respect of land which does not belong to

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the Crown or in respect of which it has no interest a reference to the

appropriate Crown authority must be read as a reference to the person who

makes the application.

(8)   

For the purposes of subsection (7) the Crown includes—

(a)   

the Duchy of Lancaster;

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(b)   

the Duchy of Cornwall;

(c)   

a person who is an appropriate Crown authority by virtue of subsection

(5)(g) or (h).

(9)   

The reference to Her Majesty’s private estates must be construed in accordance

with section 1 of the Crown Private Estates Act 1862 (c. 37).

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