Archived April 2016. This page will no longer be updated.
One of the questions that often gets raised at our events on the Community Infrastructure Levy (CIL) is whether a CIL can be progressed in advance of an adopted, up to date local plan. We offer our opinion here.
This opinion is based on the legislation and Planning Practice Guidance (PPG), on comments made by senior officials at Department of Communities and Local Government (DCLG) and the Planning Inspectorate (PINs). Our answer is that no, you don't have to have an up to date plan. But you do need up to date, relevant evidence.
Read this advice note for more:
Community Infrastructure Levy – can you introduce one without a ‘relevant plan'?
95.35 KB - PDF
(PDF 4 pages).
Examples of CIL Examinations without a post NPPF adopted plan:
Tandridge CIL is an examples of where a CIL has been successful at examination based on an old development plan ( 2008). This was unsuccessfully challenged in the courts.
Click here for the Tandridge examiner letter
179.9 KB - PDF
click here for the Tandrige report.
182.73 KB - PDF
Since then there are examples of CIL charging schedules succeeding at examination where there is not a post NPPF adopted development plan and where the evidence was considered to be robust. These include Southend Borough Council and Birmingham City Council .
Click here for
Southend Borough Council
163.07 KB - PDF
and click here for
Birmingham City council
184.43 KB - PDF