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The Government has published in draft the Community
Infrastructure Levy (Amendment) Regulations 2012. The draft
Regulations seek to make a limited number of corrections to the
current Regulations, including dealing with the much debated issue
of CIL applying to planning permission granted under s.73 of the
Town and Country Planning Act 1990 and the potential for double
counting that arises from this.
The effect of the current Regulations is that planning permission
issued pursuant to s.73 may attract full CIL liability even if CIL
has been paid for the original permission or if a charging
schedule has come into force since the date of the original
permission. The draft Regulations will put in place set-off
provisions so that CIL will only have to be paid for any
increase in floorspace under the s.73 permission.
The draft Regulations also address the potential to overcharge in
the formula for calculating the area of chargeable development
where parts of existing buildings are to be retained and other
buildings are to be demolished. The formula, however, remains
complex. Other amendments relate to the application of CIL to
Neighbourhood Development Orders and Social Housing Relief.
The draft Regulations do not address the more fundamental campaign
within the industry to pause the application of CIL. We expect
these draft Regulations and the practical application of the CIL
Regulations to provide a continuing source of debate.
This article was written for Law-Now, CMS Cameron
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give professional or legal advice. All Law-Now information relates
to circumstances prevailing at the date of its original publication
and may not have been updated to reflect subsequent
developments.
The original publication date for this article was
16/10/2012.
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