There will be no formal requirements for authorities to revise their charging schedules. Part 3 of the draft CIL regulations covers charging schedules. The Government’s position on revising charging schedules is set out in paragraphs 3.134 and 3.135 of the CIL consultation document of July 2009, available at the following link:
Regulations for the Community Infrastructure Levy (CIL) were laid before Parliament on 10 February 2010. If approved by Parliament, the CIL regulations will scale back planning obligations to prevent charging for the same infrastructure items through both CIL and planning obligations. Bodies operating a CIL will be required by Regulation 123 to set out what infrastructure they intend to fund through CIL and will be prevented from seeking planning obligation contributions towards those same items.
Sections 205 (2) and 216 (2) of the Planning Act 2008 ringfence CIL receipts for spending on infrastructure items that support the development of an area, subject to CIL Regulation 63, which prevents CIL from being used to fund affordable housing and Regulation 61, which allows authorities to use a percentage of CIL receipts to finance the administrative costs of CIL.
The Government’s policy on the use of planning conditions is set out in Circular 11/95. The Government launched a consultation on a new policy document on conditions on 21 December 2009, which will form an annex to the new Development Management Policy Statement, on which a consultation was launched on the same date.