The CIL Regulations have been amended ("Again?" I hear you say) to deal with the new use classes introduced in the summer. To "ensure that CIL charging schedules continue to operate and have proper effect", the Town and Country Planning (Use Classes) (Amendment) (England) (No.2) Regulations 2020 insert new regulation 4A into the Amendment Regulations. Regulation 4A applies to charging schedules which were approved and published by charging authorities before 1st September 2020. It provides that any references to the use classes that were specified in the Use Classes Order prior to 1 September 2020 are to be read as if they were references to the descriptions of the uses which comprised those use classes before that date.
So B1 rates in a charging schedule will apply to an office proposal (now in Use Class E) and A1 rates in a charging schedule will apply to a proposal for a shop (also now in Use Class E). So far so good. But how is a proposal simply for a Class E use to be rated for CIL? A person must be entitled to apply simply for Class E permission without specifying whether it is offices, shops or one of the many other uses now found in Class E. Does it attract the highest potential rate in the charging schedule or the lowest?
Do I hear another amendment to the CIL regulations being drafted?
Amendment of the Town and Country Planning (Use Classes) (Amendment) (England) Regulations 2020