Part 13: General Schedule 12: Infrastructure Levy Part 10A, Section 204B: The charge Background
New section 204B provides for IL to be a compulsory charge for charging authorities. Local planning authorities ("LPAs") will ordinarily be the charging authorities with limited, defined exceptions. The meaning of LPA is given by Part 2 of the Planning and Compulsory Purchase Act 2004 ("PCPA 2004") and this is amended by section 97 (Plan making) and Schedule 7 of this Act.
	The provisions in new section 204B replicate those that exist currently for CIL in section 206 of the Planning Act 2008, with the following changes: IL will be a mandatory charge, whereas it is optional for a charging authority to charge CIL; no express provision is made here for the Broads Authority to be the only charging authority for its area – this is no longer necessary as the status of the Broads Authority as the local planning authority for its area is made clear by new section 15LF PCPA 2004; IL regulations will not be able to provide for county borough councils to be a charging authority because such authorities do not exist in England; the Mayor of London will not be an IL charging authority; the Homes and Communities Agency will not automatically be a charging authority if designated as an LPA by a designation order under section 13 Housing and Regeneration Act 2008 but will instead be a charging authority to the extent provided in the relevant designation order; amendments are made to subsection (5) to reflect the fact that types of development corporation other than Mayoral development corporations may in future be local planning authorities and therefore may be IL charging authorities; amendment is made to subsection (6) to allow transitional provision in connection with any change in the charging authority for an area (not just a Mayoral development corporation); and definitions as they relate to Wales which will not apply to IL (IL will apply in England only) are not replicated.