Stage 5: Commencement notice
Stage 5a: Commencement Notice (applicant)
You must let us know at least one day prior to commencement before you start work on the development. You do this by submitting a Commencement Notice to us. The lets us know when the development is going to commence and informs both parties when CIL payment(s) will become due.
If you do not submit these forms before commencement, or not at all, or the details are incorrect this will result in the Council deeming a commencement date and potentially issuing a penalty surcharge. If your development is liable for CIL instalments, you will also lose the right to pay by instalments and the full CIL charge will be payable immediately. If you have been issued relief or exemption, you will lose the relief or exemption.
In the case where no one claims liability to pay, then liability will fall to the landowner. In cases where the Council has to identify who the landowners are, we can impose a penalty surcharge.
If you have already submitted a commencement notice, but wish to change the date of actual commencement, just submit a revised commencement notice and this will replace the original.
Once development commences, CIL liability cannot be withdrawn but it can be transferred up to the date final payment is due. If you submit your commencement notice, then transfer liability before the final CIL payment is due, we will acknowledge receipt and reissue the liability and demand notices to reflect the updated details.
What is classed as commencement?
Any material operation that is carried out on the site is classed as commencement. This includes the digging of a trench, laying of underground pipes or mains, demolition of a building, erection of a building, any operation to construct a road or any change in the use of land that is classed as material development.
You can appeal against a deemed commencement date by contacting PINS. This must be made within 28 days of the date the demand notice was issued.
5b. Acknowledging the Commencement Notice (Council)
The Council will record and acknowledge receipt, in writing, of your commencement notice and issue a Demand Notice.