Planning inspector holds that an email was not a valid commencement notice

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In an appeal under the Community Infrastructure Levy Regulations 2010 (CIL Regulations 2010), one of the alleged breaches of planning control was the failure to submit a Commencement Notice before commencing works on a chargeable development. Regulation 67(1) of the CIL Regulations 2010 states that a Commencement Notice must be submitted to the collecting authority no later than the day before the chargeable development is to be commenced.

In this case, the appellant informed the Council by email on 21 May 2019 that he intended to start works on the development on 24 May 2019.

However, Regulation 67(2)(a) of CIL Regulations 2010 states that a Commencement Notice must be submitted on a form published by the Secretary of State, or a form to substantially the same effect.

Notification by email did not meet this requirement. The planning inspector was therefore satisfied that the appellant failed to submit a Commencement Notice before starting works on the chargeable development.

The appeal was dismissed and the surcharges upheld.