• Sectors we work in banner(2)

    Quick Reads

Community Infrastructure Levy – a reminder on commencement notices

How to serve a commencement notice

Last year we wrote here about Community Infrastructure Levy (CIL) liability notices and associated financial penalties, following a decision by the Planning Inspectorate that a liability notice had been correctly served by the charging authority by sending it to the applicant’s agent via email. 

Last month, the Inspectorate had to consider whether an applicant had correctly served a commencement notice by sending a letter (see here; appeal with reference: APP/K0235/L/24/3347269).

Regulation 67 of the CIL Regulations 2010 (the CIL Regs) details that a commencement notice must be submitted in writing on a form published by the Secretary of State (or on a form to substantially the same effect) prior to commencing development. The Secretary of State has published a template “Form 6” which can be found here, for such a purpose. 

In this case, whilst the Inspector expressed sympathy for the appellant, noting that he had sent a letter to the charging authority informing them of his intention to commence works, it was not in the correct form – therefore it did not comply with the requirements of Regulation 67 and a surcharge was upheld. 

This decision serves as a reminder for applicants to ensure careful compliance with the CIL Regs given that breaches, even if they are genuine mistakes, can lead to financial penalties being imposed. 

When to serve your commencement notice

Regulation 67 states that a commencement notice must be submitted “no later than the day before the day on which the chargeable development is to be commenced”. It is therefore important to establish when development is due to commence.  

Earlier this year we wrote here about the meaning of “commencement” for CIL purposes and the issue has again come before the Planning Inspectorate (see here; appeal with reference: APP/T5150/L/24/3345047).

Regulation 6 of the CIL Regs details that development is to be treated as commencing on the earliest date when a material operation begins, with “material operation” having the same meaning as section 56 of the Town and Country Planning Act 1990 (the TCPA).

In this appeal, the charging authority considered that demolition of internal walls amounted to commencement. However, the Inspector determined that the works undertaken were minor such that they did not amount to a “material operation”.  The effect was that a commencement notice did not have to be served and CIL had not been triggered.  

Those undertaking preliminary works should consider the risk that the Council will argue that the permission has been implemented and CIL has become payable. 

"Where planning permission is granted for a chargeable development, a commencement notice must be submitted to the collecting authority no later than the day before the day on which the chargeable development is to be commenced" (Regulation 67(1))

Our thinking

  • National Infrastructure Commission’s Report on Cost Drivers of Major Infrastructure Projects in the UK

    Charlotte Marsh

    Insights

  • Golden Brick Reform – a gap in the budget?

    Anna Donnelly

    Quick Reads

  • What constitutes “possession” and its importance (and relevance) for correctly calculating your SDLT liability

    Pippa Clifford

    Insights

  • Building Safety for Higher Risk Buildings – How is the Regulatory Regime bedding in?

    Kate Knox

    Insights

  • Property Patter: What does the Budget mean for property?

    Emma Humphreys

    Podcasts

  • Housebuilder Highlights of Labour’s first budget

    Nick Burt

    Quick Reads

  • Leasehold and Freehold Reform Act 2024 - further amendments to the BSA 2022

    Oliver Park

    Insights

  • TCC decision on matters of procedure and contractual interpretation regarding design responsibility

    Johnathon Grasso

    Insights

  • The Budget: implications for agricultural property relief

    Sarah Wray

    Quick Reads

  • Planning essentials case update: where should I draw my red line?

    Sadie Pitman

    Quick Reads

  • The Labour Government intends to regulate property agents

    Laura Bushaway

    Quick Reads

  • Housing Today and Building Magazine quote William Marriott on what the UK Budget could mean for the property market

    William Marriott

    In the Press

  • The Times quotes Naomi Nettleton on filming agreements in residential areas

    Naomi Nettleton

    In the Press

  • Renters’ Rights Bill: Top ten key changes for landlords and tenants

    Bella Stuart-Bourne

    Insights

  • Permitted Development Rights and the Living Sector

    Naomi Nettleton

    Quick Reads

  • Charles Russell Speechlys welcomes new Partner specialising in Corporate Tax

    James Stewart

    News

  • Guidance on registered BNG sites

    Titilope Hassan

    Quick Reads

  • What can the Housebuilding industry take from Labour’s first 100 days in office?

    James Bateman

    Quick Reads

  • Renters’ Rights Bill: The abolition of the fixed term tenancy and its impact on PBSAs

    Laura Bushaway

    Insights

Back to top