From my understanding, in view of Regulation 123 of the CIL Regulations, if the tariff were to be applied to CIL development (i.e. construction buildings which people normally go into such as dwellings, industry etc.) and the funds raised to spent on infrastructure as defined in the Planning Act 2008 (could be anything, given the wide definition) then only 5 contributions by Section 106 could be acquired per type of infrastructure. This would effectively completely restrict the use of Section 106 to deliver a roof tax from April 2014 when the regulation comes into force. Paragraph 1.38 of the previous Government's New Planning Obligations Policy consultation states: "CIL regulation 123 (3) has the affect that from 6 April 2014 and locally on the date that a charging authority’s first charging schedule takes effect, whichever is earlier, local planning authorities will no longer be able to seek more than five individual planning obligation contributions towards infrastructure that is capable of being funded by CIL. Local planning authorities should not seek to define individual CIL infrastructure items by breaking them into smaller units or component parts for the purpose of circumventing this policy. For infrastructure that is not capable of being funded by CIL, local planning authorities are not restricted in terms of the numbers of obligations that may be pooled, but they must have regard to the wider policies set out in the proposed Annex." I would be interested know any other District's plans for CIL or tariffs in light of the regulations.....
