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References to “old” use classes in Community Infrastructure Levy (CIL) charging schedules will continue to apply

Reasons to choose Wilson Browne

On 1 September 2020, the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020 (SI 2020/757) (2020 Regulations) come into force.

The 2020 Regulations significantly amend the Town and Country Planning (Use Classes) Order 1987 (SI 1987/764) with the introduction of Class E (Commercial, business and service), Class F.1 (Learning and non-residential institutions) and Class F.2 (Local community).

On 13 August 2020, the Town and Country Planning (Use Classes) (Amendment) (England) (No. 2) Regulations 2020 (SI 2020/859) (Amendment Regulations) were made and come into force on 1 September 2020.

The Amendment Regulations insert a new regulation 4A (charging schedules) into the 2020 Regulations. This provides for any references to use classes in Community Infrastructure Levy (CIL) charging schedules to be construed as references to use classes that existed on 31 August 2020.

Regulation 4A applies to charging schedules which are already approved and published by charging authorities (under regulation 25 of the Community Infrastructure Levy Regulations 2010 (SI 2010/948)).

Tom Warrender

Posted:

Tom Warrender

Partner

Tom is a Solicitor and Partner with 15 years + experience advising clients in relation to commercial property matters. A Legal 500 recognised lawyer, Tom is a member of SHLA and CRELA, sits on our Board of Management & Heads our Social Housing Team.