What is a Commencement Notice?
From March 2024, Section 93G of the Town and Country Planning Act 1990 (TCPA) requires developers, owners or agents to notify us of the date they intend to commence development under a planning permission (pursuant to a section 73 variation permission). This is known as a Commencement Notice.
Please review the Town and Country Planning Act 1990 section 56 for the definitions of commencement.
Why do we need it?
A Commencement Notice will help us monitor:
- Any pre-commencement conditions on a granted planning application
- Please note: If you have not complied with all pre-commencement conditions detailed in the Decision Notice, commencing works would be unlawful and a breach of planning
- The Community Infrastructure Levy (CIL) process
- Legal Agreements such as: Section 106s
A developer, owner or agent must submit a Commencement Notice no less than one working day before commencement of work on the site.
Implications if the Commencement Notice is not completed
Failure to submit a Commencement Notice can result in various consequences, these include:
- Fines
- Surcharges
- Interest on outstanding liability
- The developer, owner or agent being guilty of a legislative offence
Failure to comply with requirements, whether these be general or specific to your development, may result in significant financial penalties and legal consequences. It is your responsibility to ensure that all necessary notices are submitted and that you adhere to the obligations set in the applicable legislation before commencing any work.
How to change your commencement date?
Where development does not commence on the date provided in the Commencement Notice, the developer, owner or agent must serve a new notice with an updated anticipated commencement date.
If your application is CIL liable
If your application is CIL liable, (please see your decision notice for confirmation or contact our Planning Support Team at planning.information@sevenoaks.gov.uk if you are unsure), this form can also be used to confirm commencement for CIL purposes. Failure to complete this form could result in additional surcharges and interest.
A Commencement Notice is required even if an exemption from CIL has been sought.
If you have received an exemption or relief from the levy, failure to submit a Commencement Notice will result in a surcharge being applied by the collecting authority equal to 20% of the notional chargeable amount or £2,500, whichever is the lower amount (or, if you received exceptional circumstances relief from the levy, may result in the surcharge being applied).
For more information on CIL, please visit CIL Guidance for Planning Applicants.