Explanatory Note

(This note is not part of the Regulations)

Part 11 of the Planning Act 2008 (c. 29) provides for the imposition of a charge known as the Community Infrastructure Levy (“CIL”). The Community Infrastructure Levy Regulations 2010 (“the CIL Regulations”) (S.I. 2010/948) provide for the imposition of, and procedures in connection with, CIL in England and Wales, with some aspects of some provisions within the CIL Regulations already applying in relation to England only. These Regulations make further provision that applies in relation to England only.

Regulation 2 makes amendments to the CIL Regulations to ensure that they apply to certain planning determinations made by the Secretary of State (or appointed person), namely:

(a)determinations made by virtue of section 76C of the Town and Country Planning Act 1990 (“the 1990 Act”) (or by a person appointed under section 76D of that Act) on application made directly to the Secretary of State under section 62A of the 1990 Act; and

(b)determinations made by virtue of section 293H of the 1990 Act (or by a person appointed under section 293I of that Act) on an application made directly to the Secretary of State under section 293D of that Act.

Regulation 3 makes amendments to the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 (S.I. 2013/2140) which are incidental, consequential and supplementary to the amendments made in relation to sub-paragraph (a) above. This is to enable the Secretary of State to obtain information in relation to CIL where an application has been made under section 62A of the 1990 Act.

An impact assessment has not been produced for these Regulations because they amend an existing local tax regime; publication of a full impact assessment is not necessary for such legislation.