Part 4: Infrastructure Levy and Community Infrastructure Levy Section 139: Restriction of Community Infrastructure Levy to Greater London and Wales Background
This section amends Part 11 of the Planning Act 2008 to restrict the application of CIL to Greater London (in respect of Mayoral CIL only) and Wales. These are consequential changes which are needed as a result of the imposition of a new charge, IL, in England, with the sole exception of Greater London, where the Mayor of London will not be the charging authority for IL. The Mayor of London will continue to levy Mayoral CIL to fund Crossrail, and the existing CIL regulations (S.I. 2010/948) (as amended) allow the Mayor to borrow against CIL receipts up to 2043 (see regulation 60(7A)).
	This section is related to section 137, which provides for the imposition of a new charge, IL, in England, to replace CIL charged under Part 11 of the Planning Act 2008.
	CIL may be charged by ‘charging authorities’ in England and Wales, and such authorities are usually local planning authorities (see section 206 of the 2008 Act). In Greater London, the Mayor of London is an additional CIL charging authority, such that developments in Greater London may be subject to two CIL liabilities: one charged by the borough council or other charging authority; and one charged by the Mayor of London ("Mayoral CIL"). Mayoral CIL is used to fund Crossrail (see regulation 59(2) of the CIL Regulations).
	For IL, the Mayor of London will not be a charging authority as provision is not made for the Mayor to act in this regard in new section 204B. It is intended that the Mayor of London will continue to be able to charge Mayoral CIL to fund Crossrail.