The Community Infrastructure Levy (Amendment) Regulations 2018 - Draft

The draft Community Infrastructure Levy (CIL) Regulations 2018 set out an amended formula for calculating the adjustment to be applied to CIL liabilities when a section 73 planning application has been granted to amend an existing permission, and where a CIL has been introduced between the original and amended application.

The regulations clarify that when, calculating the CIL payable in such circumstances, only the elements of the scheme that were not included in the original permission should be used to set the indexation rate, which is used to calculate how CIL liabilities should be adjusted.

Practitioners reported that, previously, some authorities had applied the formula by using the indexation deriving from the time of the original permission to calculate the CIL rate, resulting in significantly inflated CIL rates.

Date: December 2017 Date of publication

Author: CLG

This item update DCP section 4.62

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