Community Infrastructure Levy – can you introduce one without a ‘relevant plan’?


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. 
 
 
 

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.

 

 and

  
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 .

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