Planning Bill

House of Commons

Session 2007 - 08
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Other Bills before Parliament

Planning Bill

Planning Bill
Part 11 — Community Infrastructure Levy
126

(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;
(e)
make provision about the application of CIL where the projects to
5
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;
(b)
require a charging authority to monitor the use made and to be made
10
of CIL in its area;
(c)
require a charging authority to report on actual or expected 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;
15
(e)
permit a charging authority or other body to spend money;
(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).
20
216
Collection
(1)
CIL regulations must include provision about the collection of CIL.
(2)
The regulations may make provision for payment—
(a)
on account;
(b)
by instalments.
25
(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
services).
30
(5)
The regulations may permit or require a charging authority or other public
authority to collect CIL charged by another authority; and section 215(7)(a) and
(c) apply to a collecting authority in respect of collection as to a charging
authority.
(6)
Regulations under this section may replicate or apply (with or without
35
modifications) any enactment relating to the collection of a tax.
(7)
Regulations under this section may make provision about the source of
payments in respect of Crown interests.
217
Enforcement
(1)
CIL regulations must include provision about enforcement of CIL.
40
(2)
The regulations must make provision about the consequences of late payment
and failure to pay.

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(3)
The regulations may make provision about the consequences of failure to
assume liability, to give a notice or to comply with another procedure under
CIL regulations in connection with CIL.
(4)
The regulations may, in particular, include provision—
(a)
for the payment of interest;
5
(b)
for the imposition of a penalty or surcharge;
(c)
for the suspension or cancellation of a decision relating to planning
permission;
(d)
enabling an authority to prohibit development pending assumption of
liability for CIL or pending payment of CIL;
10
(e)
conferring a power of entry onto land;
(f)
requiring the provision of information;
(g)
creating a criminal offence (including, in particular, offences relating to
evasion or attempted evasion or to the provision of false or misleading
information or failure to provide information, and offences relating to
15
the prevention or investigation of other offences created by the
regulations);
(h)
conferring power to prosecute an offence;
(i)
for enforcement of sums owed (whether by action on a debt, by
distraint against goods or in any other way);
20
(j)
conferring jurisdiction on a court to grant injunctive or other relief to
enforce a provision of the regulations (including a provision included
in reliance on this section);
(k)
for enforcement in the case of death or insolvency of a person liable for
CIL.
25
(5)
CIL regulations may include provision (whether or not in the context of late
payment or failure to pay) about registration or notification of actual or
potential liability to CIL; and the regulations may include provision—
(a)
for the creation of local land charges;
(b)
for the registration of local land charges;
30
(c)
for enforcement of local land charges (including, in particular, for
enforcement—
(i)
against successive owners, and
(ii)
by way of sale or other disposal with consent of a court);
(d)
for making entries in statutory registers;
35
(e)
for the cancellation of charges and entries.
(6)
Regulations under this section may—
(a)
replicate or apply (with or without modifications) any enactment
relating to the enforcement of a tax;
(b)
provide for appeals.
40
(7)
Regulations under this section may provide that any interest, penalty or
surcharge payable by virtue of the regulations is to be treated for the purposes
of sections 215 to 219 as if it were CIL.
(8)
The regulations providing for a surcharge or penalty must ensure that no
surcharge or penalty in respect of an amount of CIL exceeds the higher of—
45
(a)
30% of that amount, and
(b)
£20,000.

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(9)
But the regulations may provide for more than one surcharge or penalty to be
imposed in relation to a CIL charge.
(10)
The regulations may not authorise entry to a private dwelling without a
warrant issued by a justice of the peace.
(11)
Regulations under this section creating a criminal offence may not provide
5
for—
(a)
a maximum fine exceeding £20,000 on summary conviction,
(b)
a maximum term of imprisonment exceeding 6 months on summary
conviction, or
(c)
a maximum term of imprisonment exceeding 2 years on conviction on
10
indictment.
(12)
The Secretary of State may by order amend subsection (11) to reflect
commencement of section 283 of the Criminal Justice Act 2003 (c. 44).
(13)
In this Part a reference to administrative expenses in connection with CIL
includes a reference to enforcement expenses.
15
218
Compensation
(1)
CIL regulations may require a charging authority or other public authority to
pay compensation in respect of loss or damage suffered as a result of
enforcement action.
(2)
In this section, “enforcement action” means action taken under regulations
20
under section 217, including—
(a)
the suspension or cancellation of a decision relating to planning
permission, and
(b)
the prohibition of development pending assumption of liability for CIL
or pending payment of CIL.
25
(3)
The regulations shall not require payment of compensation—
(a)
to a person who has failed to satisfy a liability to pay CIL, or
(b)
in other circumstances specified by the regulations.
(4)
Regulations under this section may make provision about—
(a)
the time and manner in which a claim for compensation is to be made,
30
and
(b)
the sums, or the method of determining the sums, payable by way of
compensation.
(5)
CIL regulations may permit or require a charging authority to apply CIL
(either generally or subject to limits set by or determined in accordance with
35
the regulations) for expenditure incurred under this section.
(6)
A dispute about compensation may be referred to and determined by the
Lands Tribunal.
(7)
In relation to the determination of any such question, the provisions of sections
2 and 4 of the Land Compensation Act 1961 (c. 33) apply subject to any
40
necessary modifications and to the provisions of CIL regulations.

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219
Community Infrastructure Levy: procedure
(1)
CIL regulations may include provision about procedures to be followed in
connection with CIL.
(2)
In particular, the regulations may make provision about—
(a)
procedures to be followed by a charging authority proposing to begin
5
charging CIL;
(b)
procedures to be followed by a charging authority in relation to
charging CIL;
(c)
procedures to be followed by a charging authority proposing to stop
charging CIL;
10
(d)
consultation;
(e)
the publication or other treatment of reports;
(f)
timing and methods of publication;
(g)
making documents available for inspection;
(h)
providing copies of documents (with or without charge);
15
(i)
the form and content of documents;
(j)
giving notice;
(k)
serving notices or other documents;
(l)
examinations to be held in public in the course of setting or revising
rates or other criteria or of preparing lists;
20
(m)
the terms and conditions of appointment of independent persons;
(n)
remuneration and expenses of independent persons (which may be
required to be paid by the Secretary of State or by a charging authority);
(o)
other costs in connection with examinations;
(p)
reimbursement of expenditure incurred by the Secretary of State
25
(including provision for enforcement);
(q)
apportionment of costs;
(r)
combining procedures in connection with CIL with procedures for
another purpose of a charging authority (including a purpose of that
authority in another capacity);
30
(s)
procedures to be followed in connection with actual or potential
liability for CIL.
(3)
CIL regulations may make provision about the procedure to be followed in
respect of an exemption from CIL or a reduction of CIL; in particular, the
regulations may include provision—
35
(a)
about the procedure for determining whether any conditions are
satisfied;
(b)
requiring a charging authority or other person to notify specified
persons of any exemption or reduction;
(c)
requiring a charging authority or other person to keep a record of any
40
exemption or reduction.
(4)
A provision of this Part conferring express power to make procedural
provision in a specified context includes, in particular, power to make
provision about the matters specified in subsection (2).
(5)
A power in this Part to make provision about publishing something includes a
45
power to make provision about making it available for inspection.

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(6)
Sections 228 to 230 do not apply to this Part (but CIL regulations may make
similar provision).
220
Secretary of State
The Secretary of State may give guidance to a charging authority or other
public authority (including an examiner appointed under section 211) about
5
any matter connected with CIL; and the authority must have regard to the
guidance.
221
Regulations and orders: general
(1)
CIL regulations—
(a)
may make provision that applies generally or only to specified cases,
10
circumstances or areas,
(b)
may make different provision for different cases, circumstances or
areas,
(c)
may provide, or allow a charging schedule to provide, for exceptions,
(d)
may confer, or allow a charging schedule to confer, a discretionary
15
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 provision of a kind permitted by section 231(3)(b) (and
incidental, supplemental or consequential provision may include
20
provision disapplying, modifying the effect of or amending an
enactment).
(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
25
resolution of the House of Commons.
(3)
An order under section 217(12) or 224(2)—
(a)
shall be made by statutory instrument, and
(b)
may include provision of a kind permitted by subsection (1)(a), (b) or
(f) above, but may not amend an Act of Parliament in reliance on
30
subsection (1)(f).
(4)
An order under section 217(12) shall be subject to annulment in pursuance of a
resolution of either House of Parliament.
(5)
An order under section 224(2) shall be subject to annulment in pursuance of a
resolution of the House of Commons.
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222
Relationship with other powers
(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).
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(2)
CIL regulations may include provision about the exercise of any other power
relating to planning or development.

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(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
5
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,
10
(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.
15
(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
20
(d)
to an extent specified in the regulations.
223
Community Infrastructure Levy: amendments
(1)
In section 101 of the Local Government Act 1972 (c. 70) (arrangements for
discharge of functions by local authorities) after subsection (6) insert—
“(6A)
Community Infrastructure Levy under Part 11 of the Planning Act 2008
25
is not a rate for the purposes of subsection (6).”
(2)
In section 9 of the Norfolk and Suffolk Broads Act 1988 (c. 4) (the Navigation
Committee)—
(a)
in subsection (8), after “Subject” insert “to subsection (8A) and”;
(b)
after subsection (8) insert—
30
“(8A)
Subsection (8) does not apply in relation to functions under Part
11 of the Planning Act 2008 (Community Infrastructure Levy).”
(3)
In section 71(3) of the Deregulation and Contracting Out Act 1994 (c. 40)
(contracting out: functions of local authorities) omit the word “and” at the end
of paragraph (g) and after paragraph (h) insert “; and
35
(i)
sections 216 and 217 of the Planning Act 2008 (Community
Infrastructure Levy: collection and enforcement).”
(4)
In section 38 of the Greater London Authority Act 1999 (c. 29) (delegation),
after subsection (2) insert—
“(2A)
In relation to functions exercisable by the Mayor under Part 11 of the
40
Planning Act 2008 (Community Infrastructure Levy) subsection (2) has
effect with the omission of paragraphs (c) to (f).”