Section 115: Use of Community Infrastructure Levy

Localism Act 2011 · 2011 c. 20View on legislation.gov.uk

Part 6: Planning — CHAPTER 2: Community Infrastructure Levy

The Planning Act 2008 is amended as follows.

In section 205(2) (requirement to aim to ensure that overall purpose of the levy is to ensure that costs of providing infrastructure to support development of an area can be funded by owners or developers of land)—

for "providing infrastructure to support" substitute , and" supporting "
after "land" insert ." in a way that does not make development of the area economically unviable "

In the Table in section 205(3) (which describes the provisions of the Part) for "Section 216" substitute ." Sections 216 to 216B "

In section 211(4) (particular provision that may be included in regulations about setting rates, or other criteria, by reference to which the amount of levy chargeable is to be determined) after paragraph (a) insert—

In section 216 (application of levy)—

in subsection (1) (levy to be used to fund infrastructure, or pay compensation under section 219)—
for "section" substitute , and" sections 216A(1), 216B(2) and "
for "funding infrastructure" substitute ," supporting development by funding the provision, improvement, replacement, operation or maintenance of infrastructure "
in subsection (2) (meaning of "infrastructure" in subsection (1)) for "subsection (1)" substitute ," this section (except subsection (3)) and sections 216A(2) and 216B(2) "
in subsection (4)(a) (power to specify facilities that are to be, or not to be, funded) for "that are to be, or not to" substitute ," whose provision, improvement or replacement may or is to be, or may not "
in subsection (4) (matters that may be specified by regulations) after paragraph (a) insert—aamaintenance activities and operational activities (including operational activities of a promotional kind) in connection with infrastructure that may or are to be, or may not be, funded by CIL,abthings within section 216A(2)(b) that may or are to be, or may not be, funded by CIL passed to a person in discharge of a duty under section 216A(1),acthings within section 216B(2)(b) that may or are to be, or may not be, funded by CIL to which provision under section 216B(2) relates,,
in subsection (4)(b) (power to specify criteria for determining areas in relation to which infrastructure may be funded) for "in relation to which infrastructure may be funded" substitute ," that may benefit from funding "
in subsection (5)(a) (power to require authorities to list projects that are to be, or may be, funded) for "projects that are" substitute ," what is "
in subsection (5)(c) (power to make provision about funding projects not on list) for "projects" substitute ," anything "
in subsection (6)(b) (regulations about funding may permit levy to be reserved for expenditure on future projects) for "on future projects" substitute ," in the future "
in subsection (6)(c) (regulations may permit funding of administrative expenses in connection with infrastructure) after "infrastructure" insert , and" or anything within section 216A(2)(b) or 216B(2)(b) "
in subsection (6)(e) (regulations may make provision for the use of funding where the projects to be funded no longer require funding)—
for "the projects" substitute , and" anything "
for "require" substitute ." requires "

After section 216 insert—

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

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