What counts as commencement of development?
Obtaining planning permission is just the first step towards turning development projects into reality. However, it is equally important to grasp the concept of commencement of development and its implications in relation to planning permissions. Understanding when a development project is considered to have officially commenced can significantly impact its progress, compliance, and overall success.
Planning permissions grant developers the legal authorisation to proceed with their projects within a specified timeframe. However, simply obtaining permission does not guarantee a smooth journey. It is crucial to comprehend the specific conditions and requirements associated with the commencement of development.
In the following sections, we will delve into the various factors that contribute to the determination of commencement of development, including planning permission periods, pre-commencement planning conditions, and legal obligations.
Table of Contents
Planning Permissions and Implementation Periods
Legal Requirements for Commencement of Development
Pre-Commencement Planning Conditions
Community Infrastructure Levy (CIL) and Section 106 Agreements
Proving Commencement and Lawful Implementation
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Planning Permissions and Implementation Periods
Obtaining planning permission marks a significant milestone for any development project. However, it is essential to be aware of the time limits associated with planning permissions and the subsequent implementation periods. Understanding these timelines is crucial to ensure the successful progression of the project.
In most cases, planning permissions have a set period of implementation, typically lasting three years from the date of granting. This means that developers have a three-year window to commence the approved development. It is important to note that this period starts from the date the permission is granted.
For outline planning permissions, additional requirements exist. Alongside the grant of outline permission, developers are typically required to submit reserved matters within a specific timeframe. Reserved matters refer to the details not specified in the initial outline application, such as the appearance, landscaping, layout, and scale of the development. Furthermore, works must commence within a set period, often within two years of final approval.
Each planning permission may have unique conditions and stipulations. Therefore, it is crucial for developers to thoroughly review the specific conditions stated in the planning permission document. These conditions outline the timeframe for commencement of works, any additional requirements, and specific limitations.
Failure to implement planning permission within the required time frame can have significant consequences. If a project does not commence within the stipulated period, the permission may lapse. This means that the developer would need to submit a new application, which could come with different and potentially more onerous conditions. In some cases, the development may no longer comply with adopted planning policies. Therefore, adhering to the implementation period is vital to ensure the continuity of the project and avoid unnecessary setbacks.
To avoid complications, it is advisable to maintain a clear understanding of the implementation timeline outlined in the planning permission and diligently work towards commencing the approved development within the specified period. By doing so, developers can ensure the smooth progress of their projects and avoid the need for reapplication or potential conflicts with planning authorities.
Legal Requirements for Commencement of Development
When it comes to the commencement of development, it is important to have a clear understanding of the legal requirements set out in the Town and Country Planning Act 1990. Section 56(4) of the Act outlines the specific provisions that developers must adhere to.
In essence, "commencement" is defined as the earliest date on which a material operation or a significant change in land use associated with the development is carried out. Material operations can include construction, demolition, foundation work, road construction, or any activity that constitutes a substantial step towards the realisation of the approved development.
It is worth noting that the threshold for what constitutes commencement is relatively low. Even minor works can be sufficient to initiate the development process, as long as they align with the permitted activities stated in the planning permission. This means that developers must ensure that any actions undertaken align with the specific activities outlined in the planning permission.
For example, if the planning permission authorises the construction of a residential building, the commencement can be triggered by activities such as clearing the site, laying foundations, or erecting structural elements, even if the overall project is not yet fully completed.
By understanding these legal requirements, developers can plan their activities accordingly and ensure that they align with the definition of commencement. It is crucial to carefully review the planning permission document to determine the specific activities that constitute commencement and to document all relevant actions taken to demonstrate compliance with the legal framework.
Adhering to the legal requirements for commencement not only ensures compliance with the Town and Country Planning Act but also helps maintain a clear record of progress and provides a foundation for any future discussions or inquiries related to the development.
Pre-Commencement Planning Conditions
In addition to the legal requirements for commencement of development, it is crucial for developers to understand and fulfil pre-commencement planning conditions. These conditions, typically included within the planning permission, must be satisfied before any construction or development work can begin.
The fulfilment of pre-commencement planning conditions serves several important purposes. Firstly, it ensures that the project complies with the requirements set by the local planning authority and any other relevant regulatory bodies. By addressing these conditions before commencing work, developers can demonstrate that their project aligns with the approved plans and meets the necessary standards.
Secondly, meeting pre-commencement planning conditions helps establish the lawfulness of the project. It minimises the risk of potential challenges from the local authority or other interested parties who may question the project's compliance with the planning permission. By fulfilling these conditions, developers can strengthen their legal position and mitigate the possibility of delays, disputes, or enforcement actions.
It is important to note that the fulfilment of pre-commencement planning conditions is time-sensitive. These conditions typically have specified deadlines that must be met within the timeframe of the planning permission. If it becomes apparent that the conditions are unlikely to be fully satisfied before the permission's expiration date, developers may have the option to apply to vary the planning condition, for example amend the condition wording form pre-commencement to pre-occupation.
Seeking a variation to the planning condition should be done in consultation with the local planning authority. It is essential to provide a clear justification for changes.
By diligently addressing pre-commencement planning conditions and, if necessary, considering the option of varying the condition, developers can demonstrate their commitment to meeting the requirements of the planning permission. This proactive approach not only helps maintain compliance but also establishes a positive working relationship with the local authority, fostering a smoother development process overall.
Community Infrastructure Levy (CIL) and Section 106 Agreements
When development is commenced, it triggers certain financial obligations related to the Community Infrastructure Levy (CIL) and Section 106 planning agreements. Understanding these requirements is essential for developers to navigate the financial aspects associated with their projects.
1. Community Infrastructure Levy (CIL): Commencement of development typically necessitates the payment of the CIL, which is a charge imposed by local authorities to fund infrastructure projects in the community. To comply with CIL regulations, developers are required to submit a valid 'Commencement Notice' to the local authority. This notice informs them that development has started and triggers the assessment of CIL charges.
Failing to submit a Commencement Notice can have significant consequences. Developers may lose CIL reliefs or exemptions they might otherwise be eligible for, and additional surcharges may be imposed. It is crucial to adhere to the prescribed form and submit the notice in a timely manner to avoid such penalties.
2. Section 106 Planning Agreements: In some cases, planning permission may be granted subject to a Section 106 planning agreement. This agreement outlines additional obligations and payments that developers must fulfil upon the commencement of development. These obligations are typically related to mitigating the impact of the development on the local community, such as contributions towards affordable housing, education facilities, or transportation infrastructure.
It is essential to carefully review the terms of the planning permission and the Section 106 agreement to understand the specific obligations triggered by the commencement of development. Failure to comply with these obligations may result in legal consequences, including potential enforcement action by the local authority.
Proving Commencement and Lawful Implementation
Proving commencement and lawful implementation of development is crucial to demonstrate compliance with planning permissions and regulations. It is essential to keep records and obtain the necessary documentation to substantiate the legitimacy of the project. Several methods can be employed to establish the commencement and lawful implementation of development.
1. Keeping Evidence: Developers should maintain comprehensive records of the development process. This may include time-stamped photographs, correspondence from contractors or engineers, and any relevant documentation that supports the progress and activities undertaken. These records serve as tangible evidence of the work carried out and help establish the timeline of the project.
2. Certificate of Lawfulness: In some cases, developers may choose to apply for a certificate of lawfulness from the local planning authority. This certificate provides an official confirmation that the development has been lawfully implemented in accordance with the planning permission and relevant regulations. It offers peace of mind and clarity regarding the status of the project's legality.
It is important to note that the specific requirements for proving commencement and lawful implementation may vary depending on the nature of the development.
Consulting local planning authorities and legal professionals familiar with the applicable regulations is advisable to ensure compliance with the specific requirements in your area.
By employing these methods, developers can establish a robust record of the development's commencement and lawful implementation. This evidence strengthens their position when addressing any queries from authorities, stakeholders, or potential legal challenges. Proactively documenting and proving compliance not only ensures adherence to regulations but also provides confidence in the longevity and legitimacy of the development.
Our Final Thoughts
In conclusion, understanding and complying with the requirements for commencement of development are vital for the successful completion of projects and the longevity of planning permissions. By adhering to the specified time frames, fulfilling pre-commencement planning conditions, and providing evidence of commencement and lawful implementation, developers can ensure compliance with regulations, address potential challenges, and maintain confidence in the legality and sustainability of their developments.
Do you require professional planning advice about commencement of development?
Are you in need of expert planning guidance and advice on the commencement of your development project and navigating planning permissions? Contact A D P at mail@adpltd.co.uk or using the form below, our experienced team is ready to assist you.
