Discretionary charitable relief: investment activities
44.—(1) An owner (C) of a material interest in the relevant land is eligible for relief from liability to pay CIL in respect of a chargeable development if—
(a)discretionary charitable relief is available in the area in which the chargeable development will be situated;
(b)C is a charitable institution; and
(c)the whole or the greater part of the chargeable development will be held by C or by C and other charitable institutions as an investment from which the profits will be applied for charitable purposes (whether of C or of C and other charitable institutions).
(2) Paragraph (1) is subject to the following provisions of this regulation.
(3) Relief may not be granted under paragraph (1) if—
(a)C intends to occupy that part of the chargeable development mentioned in paragraph (1)(c) and use it for ineligible trading activities; or
(b)the material interest is owned by C jointly with a person who is not a charitable institution.
(4) In paragraph (3)(a) “ineligible trading activities” means trading activities other than the sale of goods donated to C where the proceeds of sale of the goods (after any deduction of expenses) are applied to the charitable purposes of C.
(5) A collecting authority may not grant relief under paragraph (1) if it is satisfied that to do so would constitute a State aid which is required to be notified to and approved by the European Commission.