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Regulations to remove CIL double-charging to come into force

Amended community infrastructure levy regulations will come into force tomorrow, establishing special rules for calculation of CIL where existing planning permissions are varied under section 73 of the Town and Country Planning Act (TCPA) 1990.28 Nov 2012

Under the amended regulations, section 73 planning permission variations that do not change the liability to CIL will not trigger payment of a further CIL charge. In those circumstances CIL will only need to be paid on the basis of the original consent provided. The regulations also ensure that where planning permission is granted under section 73 and this introduces a more substantial change, such as adding floorspace to the building, the developer pays CIL only on the permission that is actually implemented.

Other changes made under the regulations include allowing the levy to be charged on developments which have been granted consent under neighbourhood development orders made under section 61E of the TCPA. The regulations also set out exemptions for replacement planning permissions granted under Article 18 of the Town and Country Planning (Development Management Procedure) Order 2010 and clarify that CIL can be spent on the operation and maintenance of infrastructure and not just in capital expenditure.

The amended regulations, the draft of which was laid before Parliament last month, were finalised today and will come into force tomorrow, 29 November.