Re: Development Commencement and 'Material Operations' - Public forum - Planning Advisory Service (PAS)
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En cours - juillet 2012
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Dernière modification - Aujourd'hui
Re: Development Commencement and 'Material Operations'
The CIL Regs (as amended) define what is meant by ‘commencement’ of development in Regulation 7. This is important when it comes to issuing CIL Demand Notices, and to reaching conclusions about whether developments are deemed to have commenced. Is anyone out there experiencing any disputes about when 'material operations' are considered to have started? Have you developed you own interpretations of what 'material operations' means, or have you just not needed to because no-one has figured out what 'material operations' means because they can't follow the legislation (I just tried and got lost). In case you're interested I typed ‘when does development commence?’ into Google and it brought up stuff about puberty and potty training…….I’m convinced this PAS CIL Forum will bring me better results!
Peter, For the purposes of CIL a material operation is as defined within Section 56(4) of the TCPA 1990 as: “(a)any work of construction in the course of the erection of a building; (aa)any work of demolition of a building; (b)the digging of a trench which is to contain the foundations, or part of the foundations, of a building; (c)the laying of any underground main or pipe to the foundations, or part of the foundations, of a building or to any such trench as is mentioned in paragraph (b); (d)any operation in the course of laying out or constructing a road or part of a road; (e)any change in the use of any land which constitutes material development”. I hope this helps.
Thanks Daniel, it does help, although the '(e)' in CIL Reg 7(6) confuses me in that the footnote which relates to it refers to amendments to 'section 54' when the clause itself refers to 'section 56(4)'.......that's what I meant when I said I'd tried and got lost following the legislation.....my eyes began to glaze over, a bit like they do when I look at the 2012 amendments to the formulae in Regs 40 and 50 (!)
Peter, I am pretty sure that the footer should refer to 56(4) rather than 54. When you read the updated version of the TCPA 1990 Section 56(4) annotations states that the text has been subject to revisions introduced by the Planning and Compensation Act 1991 and Planning and Compulsory Purchase Act 2004 - as documented in the footer.