Chapter 4: Grant and Implementation of Planning Permission Section 107: Street votes: community infrastructure levy Effect
The introduction or revision of a CIL charging schedule by a CIL charging authority is ordinarily governed by sections 212-213 and 214(1) and (2) of the Planning Act 2008, together with provisions of CIL regulations made under those sections. Subsection (3) provides for an exception to that, where a CIL charging authority is:
proposing to introduce CIL rates in its area only to charge CIL on street vote development; or
proposing to revise the CIL rates chargeable in its area, but only those rates applicable to street vote development.
	Specifically, subsection (3) amends section 211 of the Planning Act 2008 so as to disapply sections 212-213 and 214(1) and (2) in those cases, and instead provides a power for CIL regulations to include provision for the procedure in those cases. This could be used to allow for an expedited procedure for setting CIL rates for street vote development that can be used in cases where charging authorities have no immediate plans to make wider updates to their charging schedules, or where they do not have a CIL charging schedule in place.
	Subsections (2)(a), (4), (5), (6) and (7) make amendments to Part 11 of the Planning Act 2008 consequential on the amendment made by subsection (3). Subsection (2)(b) makes a correcting and clarifying amendment to section 211(10) of the Planning Act 2008 which is not directly related to street vote development, but it is expedient to make that amendment here.
	Subsection (8) inserts a new section 214A into the Planning Act 2008, which provides the Secretary of State with new intervention powers to direct a charging authority to review its CIL charging schedule in cases where the CIL rates applicable to street vote development set by the authority via provision made under new section 211(11) (inserted by subsection (3)) substantially impair, or risk substantially impairing, the viability of street vote development. Under new section 214A(3), where the Secretary of State chooses to use this power, the charging authority must consider revising its CIL rates and notify the Secretary of State of its decision with reasons; if the decision is to revise its CIL rates, it must do so within a reasonable time. If the charging authority does not comply with the Secretary of State’s direction (i.e. it fails to reach a decision in a reasonable time to a standard which the Secretary of State considers adequate), new section 214A(5) allows the Secretary of State to appoint another person to review the charging schedule instead. If that person decides that the CIL rates should be revised, subsection (6) requires the charging authority to revise its rates within a reasonable time. In any case where the charging authority is required to revise its CIL rates following a review under new section 214A, but the charging authority fails to do so, the Secretary of State may appoint a person to revise the CIL rates on behalf of the charging authority. New section 214A(8) provides powers to set out the procedure and other requirements in this regard in CIL regulations.
	Existing section 216(1) of the Planning Act 2008 provides that, with limited exceptions, CIL regulations must require a CIL charging authority to apply CIL receipts to ‘infrastructure’. Existing section 216(2) sets out a non-exhaustive list of what ‘infrastructure’ includes. This list does not currently include ‘affordable housing’.
	Subsection (9) amends section .216(2) of the Planning Act 2008 to provide that, where CIL is received in respect of street vote development, the infrastructure that CIL regulations may require it to be spent on includes ‘affordable housing’. For these purposes, affordable housing is defined as social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, and any other description of housing that CIL regulations may specify (see new section 216(8) inserted by subsection (10)).