Birmingham City Council has been given the go ahead to introduce CIL prior to the adoption of it's Local Plan. This appears to have been allowed by the inspector because the Council had submitted enough evidence to justify it's CIL charges.
The National Planning Policy Framework states:
'Where practical, Community Infrastructure Levy charges should be worked up and tested alongside the Local Plan. The Community Infrastructure Levy should support and incentivise new development, particularly by placing control over a meaningful proportion of the funds raised with the neighbourhoods where development takes place'.
The inspector concludes that 'the important point is the evidence base itself, rather than the procedural status of the development plan'.
Inspector Philip Staddon concluded that the council had demonstrated sufficient evidence to support its proposed Community Infrastructure Levy (CIL) charging schedule. He was satisfied that the proposed rate of the levy to be paid by developers would not put the overall development of the area at risk.In his report, Staddon wrote: "There is nothing contained within either the Planning Act 2008 or the Localism Act 2011 that makes having an up-to-date and adopted plan in place a prerequisite for a CIL regime."