Although we are beginning to see the publication of some draft charging schedules, and a number of local authorities have plans in train to adopt CIL before April 2014, there are many local authorities that have yet to make substantial progress. In some cases, this may well be through the need to focus on bringing the relevant development plan up to date in order to take CIL forward.

Just by way of a reminder, even now, before CIL is adopted, section 106 obligations must comply with Regulation 122 of the CIL Regulations (often called the "statutory effect" of Circular 5/05). This applies whether there is local planning support for a particular contribution or section 106 provision or not. There are now many examples of section 106 failing to pass the test on appeal notwithstanding apparent policy support. Local authorities must apply policies to the specific case and make any 106 obligation relevant and appropriate to the proposal. A blanket application of the "standard approach" will not cut the mustard on appeal. After 6 April 2014, the opportunities for using 106 will be very limited - so much so that in reality, apart from site specific obligations, the use of 106 will rapidly phase out at that stage.

So the message is clear, make sure your plans are in place to bring in CIL in good time.