The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2019 (SI 2019/1103) (2019 Regulations) were made on 9th July 2019 and come into force on 1st September 2019.
The 2019 Regulations were introduced following the government consultation on proposals to support housing delivery through developer contributions. One of the reforms contained in the 2019 Regulations welcomed by Local Planning Authorities is the removal of Regulation 123 of the Community Infrastructure Levy Regulations 2010 (SI 2010/948) (2010 Regulations). Regulation 123 prevented Local planning Authorities from entering into more than five planning obligations to fund a single infrastructure project. Local Planning Authorities will now be able to obtain any number of developer contributions to fund an infrastructure project.
Furthermore, amendments introduced to Regulation 122 of the 2010 Regulations will allow Local Planning Authorities to include the provision of monitoring fees in section 106 agreements. This will allow them to recover their costs in monitoring such agreements from the developer.
Planning officers and lawyers for Local Planning Authorities who have adopted the Community Infrastructure Levy should review the 2019 Regulations in full.
Should you have any queries in respect of the application and effect of 2019 Regulations or any other planning matters please do not hesitate to contact Sara Pregon, Gedling Borough Council’s Planning Solicitor via our contacts page.