The commitment to infrastructure delivery is important. Only if there is a clear infrastructure development plan can a charging authority meet the proposed new duty to “demonstrate” that it has struck an appropriate balance between the desirability of funding infrastructure and the effects on the economic viability of development. If authorities have to demonstrate an appropriate balance, this will empower examiners to interrogate CIL charging proposals rigorously. But in the absence of a clear commitment to deliver infrastructure, that can then be tested, it will be very difficult for objectors to demonstrate a failure to achieve this balance. Examinations will remain one-sided.
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