Part 10A, Section 204V: Appeals Part 10A, Section 204Y: Secretary of State: power to require review of charging schedules Background
This section deals with circumstances where the Secretary of State can require a charging authority to review its charging schedule. Section 204Y is a new provision in the Planning Act 2008.
	Effect
	Subsection (1) sets out the circumstances in which the Secretary of State may direct a charging authority to review its charging schedule. Such circumstances include situations where the Secretary of State considers that the levy rate has significantly impaired, or there is a substantial risk that it will significantly impair, the economic viability of development or the economic viability of a particular development. In addition, there may be circumstances where a significant period of time has elapsed since the issue, review or replacement of a charging schedule; or any other circumstances that may be specified in IL regulations.
	If a charging authority is directed to review its charging schedule by the Secretary of State, it must, under subsection (2), consider whether to revise or replace the charging schedule under section 204G(12) and notify the Secretary of State of its decision. If it considers a revision or replacement is required, it must undertake this within a reasonable time period (subsection (3)).
	If a direction for review is issued by the Secretary of State and the charging authority does not carry out the review within a reasonable time period, or to an acceptable standard, subsection (4) allows the Secretary of State to appoint a person to do so on behalf of the charging authority.
	If this person reviews the schedule and considers there is a need for the schedule to be revised or replaced, subsection (5) requires that this be done by the charging authority within reasonable time. If the charging authority does not complete the review within that time, then subsection (6) allows the Secretary of State to appoint someone to do this on their behalf.
	Subsection (7) allows IL regulations to specify further details- including matters relating to the person to be appointed by the Secretary of State and also what constitutes a reasonable time period in this context.
Example (1): Directing a review of a charging schedule
If a charging schedule was set in a recession and the economy has since improved, IL may not be capturing full value from planning permissions. Such a situation could be captured in regulations made under 204Y(1)(c) and this would enable the Secretary of State to require the charging authority to review their charging schedule under this section.
Example (2): Non-compliance with a charging schedule
If a charging authority does not comply with a direction to review its schedule, subsection (4) would allow Secretary of State to appoint a person to review the schedule on behalf of the charging authority. If this person considers that a review is required, and the charging authority doesn’t undertake this review within a reasonable time period, subsection (5) would allow Secretary of State to appoint a further person to review the schedule on behalf of the charging authority.