New draft CIL Regulation published Feb 2013 - Public forum - Planning Advisory Service (PAS)
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New draft CIL Regulation published Feb 2013
The draft amendment regulations for the 2013 covering neighbourhood planning and Mayoral Development corporations have been laid this week. They are now subject to the Parliamentary process, including consideration by the House Joint Committee on Statutory Instruments. The draft regs and explanatory memorandum can be found here: http://www.legislation.gov.uk/ukdsi/2013/9780111534465
Brendan Troy, Addaswyd 11 Years yn ôl.
Re: New draft CIL Regulation published Feb 2013
New Member Postiadau: 7 Dyddiad Ymuno: 26/07/2012 Bostiadau diweddar
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Under Draft Regulation 59A a Local Authority must pass 15% (capped at £100 per dwelling) to Local Coucils in an area where there is not a Neighbourhood Plan or NDO in place and an uncapped 25% where there is. I have two questions: 1. Would it be possible possible to pass a capped 25% on to Local Councils in the absence of Neighbourhood Plans/NDO's? (it seems to me it would) 2. In areas where Regulation 59F applies (i.e. there are no local Councils and the Charging Authority retains control of the meaningful proportion) is it possible to pass on an uncapped 25% (given that Reg 59A(7) refers only to Local Councils)? Any clarification would be appreciated.
I'm wading my way through the new regs and was wondering if there is a typo in 59A 4(a) as it appears to imply that you don't need a NH Plan in place to get 25% of CiL (which is different to the explantory note and general discussion). Can someone confirm that this iswhat is written and that I've not "lost it"! Many thanks.
Eleanor, That Reg states that where no NDP is in place but a development is granted by a neighbourhood development order then the 25% gets passed to the relevant Parish Council! That is backed up by para 7.9 of the explantory note