Our colleague, Ali Williams, has commented on the new Regs as follows -

The awaited further amendments to the Community Infrastructure Levy Regulations 2010 (‘the Regulations’) were brought into force on 24 February 2014.

As set out in our recent blog post some of the changes are as follows:

The date at which CIL liability is calculated for non-phased permissions will now be when the permission is granted, and not when the pre-commencement conditions are discharged. The range of existing buildings in relation to which an off-setagainst the levy can be given has been extended. A part of a building must now have been in use for a six month period in the previous three years, rather than in the previous twelve months. Changes have been made to social housing relief, and communal development such as stairs, common rooms and car parking may now benefit from this relief, which will be applied proportionately where the communal area will be used by the occupants of qualifying dwellings and other relevant development. In addition, a new discretionary social housing relief will be available for certain discount market sale housing and there will be a mandatory relief for self-build housing.

Morever, charging authorities will be allowed to charge differential rates by reference to the floorspace of development or the intended number of units or dwellings, and it will be possible to appeal against a chargeable amount to be made after development has commenced if planning permission for that development was only granted after commencement.

Another change allows charging authorities to decide whether they will accept payment of the levy through the provision of infrastructure as well as through the provision of land. In addition, the date for the application of pooling restrictions on planning obligations has been delayed by a year to 6 April 2015.

It will be interesting to see the impact of the changes over the coming months.