New Legislation – relating to the CIL Regulations 2010 (09/02/2018) …

The following 1 new Statutory Instrument (SI) comes into force on 09/02/2018:

New Legislation:

  • February 2018: SI 2018 No. 172 - The Community Infrastructure Levy (Amendment) Regulations 2018 (pdf) (link).


  • The above SI 2018 No. 172 includes amendments to the following SIs:
    - CIL Regulations 2010.
  • The "Explanatory Note" (link) at the end of the above SI includes the following information:
    - "These Regulations provide a clarificatory amendment to regulation 128A of the CIL Regulations. These Regulations apply in England and Wales. The Regulations apply to any liability notice or revised liability notice issued by an authority under section 65 of the CIL Regulations on or after that coming into force date.".
    - "Regulation 2 amends regulation 128A of the CIL Regulations. Regulation 128A provides for the case where development is granted planning permission (A) before a CIL comes into force in the area and the conditions of that permission are amended by any later planning permission (B) granted under section 73 of the Town and Country Planning Act 1990 where B is granted after a CIL for the area comes into effect. In these cases regulation 128A provides that the development under B is liable to CIL on any additional liability it introduces to the development such as an increase in floorspace (or change of use) compared to the development under A. The amendment to regulation 128A clarifies that when calculating “Y” (the notional amount of CIL payable for development under A), the index figure (for building cost inflation) to be used is the index figure for B.".

Other Sources of Information:

  • February 2018: Explanatory Memorandum to SI 2018 No. 172 (pdf) (link).

Updates to the Planning Jungle website: