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CIL - What constitutes "commencement"?


JAS-Build
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My question relates to the extract below from the CIL regulations.

 

It is - "What constitutes 'commencement' in Reg54B(3)?"

 

We are about to start a self-build - demolish our owned bungalow and build a replacement dwelling-house.

 

I'm guessing day 1 of demolition is 'commencement' but am I right?  Could it be putting up the site fencing, the site electric supply, portaloos etc

 

It's an expensive thing to get wrong I think.

 

Thanks.

 

JAS

 

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The Community Infrastructure Levy (Amendment) Regulations 2014.
Exemption for self-build housing: procedure.
Reg 54B.
(3) A claim under this regulation will lapse where the chargeable development to which it relates is commenced before the collecting authority has notified the claimant of its decision on the claim.
 

 

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On our first build we asked the same question 

and we’re told Have plant or machinery on site Or breaking ground would break the rules 

We had a building to demolish It was ok to strip the slates and rafters but not to knock the walls down 

 

I checked again last week for our next build and the rules remain the same 

 

Just to add My reason for calling them was to check if it was ok to dig a trench to put a water supply in They said sure 

Edited by nod
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1 hour ago, JAS-Build said:

 

 

It's an expensive thing to get wrong I think.

 

Very much so.

I would speak to the CIL team at your council and explain what you plan to do and whether they consider it commencing development. Follow it up with an email, and if you have agreement with them of what you plan, then I think you would be safe.

 

It is after all their interpretation that counts.

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47 minutes ago, nod said:

On our first build we asked the same question 

and we’re told Have plant or machinery on site Or breaking ground would break the rules 

We had a building to demolish It was ok to strip the slates and rafters but not to knock the walls down 

 

I checked again last week for our next build and the rules remain the same 

 

Just to add My reason for calling them was to check if it was ok to dig a trench to put a water supply in They said sure 

I have no idea if thats right but it sounds ridiculous. I could have plant and machinery on site for all sorts of reasons that have nothing to do with the build, bloody jobs worths

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“The CIL Regulations (2010) determine that the agreed definition of ‘Commencement of Development’ is in section 56(4) of the Town and Country Planning Act 1990 says that “development is taken to be begun on the earliest date on which a material operation is carried out”.  A material operation is defined in the Act and can include any works of construction, demolition, digging foundations, laying out or constructing a road and a material change in the use of the land.”

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On 01/02/2022 at 22:41, DevilDamo said:

“The CIL Regulations (2010) determine that the agreed definition of ‘Commencement of Development’ is in section 56(4) of the Town and Country Planning Act 1990 says that “development is taken to be begun on the earliest date on which a material operation is carried out”.  A material operation is defined in the Act and can include any works of construction, demolition, digging foundations, laying out or constructing a road and a material change in the use of the land.”

Thanks DevilDamo.

 

It looks to me like for us it will be the initial bit of taking the bungalow down - i.e. the day that we start lifting tiles and removing soffits in the presence of our Ecologist with our EPS Licence in hand since we have 13 resident soprano pipistrelle bats ?   

 

Everything else on that list will follow.  So we need the CIL fixed before we take off the roof.

 

Got it.

 

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  • 2 months later...

Hi JAS-Build or anyone else who can advise please. 

 

Did you exercise "commencement"?

 

We have discharged all of our conditions, our LA doesn't apply CIL and I also have the demolition notice. With material prices being so high at present and our need to gather more funds to build we are keen to get commencement signed off to keep our planning application active to buy more time. 

 

I've been advised, "Technically digging a trench for foundations or starting demolition would qualify as commencement. it is a good idea to put some concrete in (making sure that you will use it in the final house) and you MUST have secured approved of any conditions that have to be satisfied before development commences if this is to be a legitimate start". 

 

Do I need to appoint a building inspector to review our construction plans first, is it their job to inform the council of commencement? Our Structural Engineer advised that building inspectors prefer to be engaged nearer to the time of the actual build so that they can work out their timings to visit site etc. but we aren't ready for that yet.

 

Do you have to write to the council prior to the intention to commence or do you write to them after you have "commenced"? Then does the council acknowledge as actioned to trigger the approved plans and extinguish the "3 year from approval decision" expiry date? 

 

Thank you. 

 

Edited by Mania
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