CIL Commencement on site with 1 plot having self-build exemption

2018-10-15T09:06:33Z

Planning permission was granted for 5 plots and a Liability Notice was issued to the applicant. We subsequently received an Assumption of Liability form and a Self-Build Exemption Claim for one of the plots and granted the exemption. The self-builder did not submit a Commencement Notice as he advised that he was not starting work for a number of months. We have now been made aware that one of the other 4 plots on site is well under construction - the applicant (who is also land owner) has not assumed liability for the remaining plots and has not served a CIL Commencement Notice (NB - this is NOT a Phased Development in CIL terms). I now need to issue a Demand Notice and would also be applying the surcharge for Failure to Assume Liability and Failure to Serve a Commencement Notice. However, my query is now with the self-builder - as the 'development' has commenced and nobody has submitted a Comm Notice, has he also lost his exemption? This seems harsh but I'm sure he has in terms of CIL unless anyone can tell me otherwise.