Section 219: Compensation

Planning Act 2008 · 2008 c. 29View on legislation.gov.uk

Part 11: Community Infrastructure Levy

CIL regulations may require a charging authority or other public authority to pay compensation in respect of loss or damage suffered as a result of enforcement action.

In this section, "enforcement action" means action taken under regulations under section 218, including—

the suspension or cancellation of a decision relating to planning permission, and
the prohibition of development pending assumption of liability for CIL or pending payment of CIL.

The regulations shall not require payment of compensation—

to a person who has failed to satisfy a liability to pay CIL, or
in other circumstances specified by the regulations.

Regulations under this section may make provision about—

the time and manner in which a claim for compensation is to be made, and
the sums, or the method of determining the sums, payable by way of compensation.

CIL regulations may permit or require a charging authority to apply CIL (either generally or subject to limits set by or determined in accordance with the regulations) for expenditure incurred under this section.

A dispute about compensation may be referred to and determined by the Upper Tribunal.

In relation to the determination of any such question, the provisions of section 4 of the Land Compensation Act 1961 (c. 33) apply subject to any necessary modifications and to the provisions of CIL regulations.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.