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Amy Cater

Posted 31 July 2017
by Amy Cater

Community Infrastructure Levy (CIL) – Good practice to send Commencement Notices by registered post



A developer has had his appeal against a CIL surcharge dismissed by an Inspector for failing to submit a commencement notice to the Council on time before starting works.  The developer claimed that he had submitted a commencement notice to the Council on 11 July 2016 stating that works would commence on that day.   The Council had no evidence of having received the commencement notice. The Inspector in dismissing the appeal made clear that the onus lies with the developer to ensure that the commencement notice is submitted to the Council at least one day before works are due to commence.  The Inspector suggested that although there is no statutory requirement to do so it might be prudent for a developer to send the commencement notice by registered post so that there would be evidence of compliance with regulation 67(1). In this case, the developer did not check that the Council had received the notice before starting work. However, even if the Council had received the notice it would have been too late as the developer submitted it to the Council on the day that works started.  The Inspector upheld the CIL surcharge.

It is worth bearing in mind that failure to serve a valid commencement notice can result in the Council imposing a surcharge equal to 20% of the chargeable amount payable in respect of the development or £2,500 whichever is the lower amount.

The Planning Inspectorate (PINS) now publish CIL appeal decisions on their website to educate people about the CIL regime and how appeals are determined.

https://www.gov.uk/guidance/appeal-a-community-infrastructure-levy-enforcement-notice

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About the author

Amy Cater

Amy Cater

Partner

A partner who specialises in planning and public sector matters