Part 10A, Section 204V: Appeals Part 10A, Section 204Z2: Relationship with other powers Effect
Subsection (1) provides that IL regulations may include provision about how the following powers may be exercised - Part 11 of the Planning Act 2008 (which relates to CIL), section 70 of the TCPA (which relates to planning conditions) section 106 of the TCPA (which relates to planning obligations) and section 278 of the Highways Act 1980 (which relates to agreements with highways authorities for highways works).
	It also provides power to make IL regulations about the exercise of any other power relating to planning and development (subsection (2)) and for the Secretary of State to give guidance to charging and other authorities on the exercise of such powers (subsection (4)).
	Subsection (3) is a power for the Secretary of State to determine through IL regulations whether a specified matter may or may not be a reason for granting planning permission in specified circumstances; and also, whether planning permission may or may not be granted subject to a specified condition.
	The purposes to which any of these regulation-making or guidance giving powers may be put are circumscribed by subsection (5). For example, they may be used to enhance the effectiveness or use of IL regulations or to prevent or restrict the entering into of agreements under section 106 of the TCPA or section 278 of the Highways Act 1980 in addition to CIL. Finally, subsection (6) provides powers for IL regulations to control the exercise of powers to give directions or guidance.
Example (1): Creating different routeways for planning applications to allow in-kind payment of IL
Combining the powers in new section 204Z2(1) with new section 204R will allow the creation of the so-called "in-kind" routeway, where the provision of infrastructure through section 106 planning obligations will act as an in-kind payment of the Levy. Combined with subsection (3), IL regulations will be able to provide for the provision of infrastructure in this way to be a reason for planning permission to be granted.
Example (2): Limiting the use of S106 agreements
On sites where infrastructure is not to be used as a payment of IL, IL receipts will be used to deliver infrastructure which is required as a result of the cumulative impact of planned development. Subsections (1) and (3) will allow the use of S106 agreements to be restricted to only cover certain purposes.