Chapter 4: Grant and Implementation of Planning Permission 93G Commencement notices
Subsection (1) establishes that commencement notices apply where a planning permission has been granted for the development of any land in England and where the development is of a prescribed description as set out in regulations.
	Before a development has begun, the person proposing to carry out the development must give a notice in the form of a commencement notice to the local planning authority specifying the expected start date of development (subsection (2)).
	Subsection (3) provides that, once a person has submitted a commencement notice, they may submit a further one if a new start date is proposed and must do so if the development is not commenced on the date given in the initial commencement notice.
	Subsection (4) requires a commencement notice to be in a form and manner that may be prescribed in regulations.
	Subsection (5) provides that, where a person has failed to give notice of a development’s commencement, a local planning authority may serve a notice on any relevant person as described in subsection (6) and require that they give information about the time of commencement and any other information specified in the notice.
	Subsection (6) defines a relevant person as including the person proposing to carry out the development, or the person responsible for informing the local planning authority if the development is not commencing on the date previously given. It also applies to any person who is the owner or occupier of the land to which the planning permission relates, or who has any other interest in that land.
	Subsection (7) sets out that any person who fails to provide the information required by the notice served on them under subsection (5) within 21 days beginning with the date of service, is guilty of an offence.
	Subsection (8) states that it is a defence for a person who is charged with an offence, having failed to provide the information required by the subsection (5) notice, to prove that they had a reasonable excuse for failing to do so.
	Under subsection (9) a person guilty of the offence under subsection (7) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale (£1,000).
	Subsection (10) states, when granting planning permission for the development of any land, a local planning authority must by notice inform the applicant of the need to provide a commencement notice before development starts, and a further commencement notice if the development is not commenced on the date initially given, as well as the consequences of non-compliance with those requirements.
	Guidance will be issued to support local planning authorities in exercising these powers and in order to comply with their obligation under subsection (10).
	Subsection (3) is consequential upon the insertion of this new section and subsection (4) amends section 69 of the TCPA to include commencement notices on the public register of applications etc.
Example 1: Serving a CN before development has commenced.
A developer is about to start work on a site that has a residential planning permission on 4th January 2023. On 1st January 2023, in advance of carrying out the work, they serve the required CN outlining:
· The details of the planning permission which authorises the development which is about to be commenced.
· That the permission is not an alternative or variation to a previously granted permission.
· The 4th January 2023 intended commencement date of the development.
· The proposed delivery rate of the scheme (i.e., the numbers of dwellings per financial year that will be built out over xx years and any phases of development).
· The date on which development is expected to be substantially completed.
· The name and contact details of the person sending the notice.
· The name and contact details of the person carrying out the development.
· The name and contact details of the owner(s) of the land.
· A signed declaration confirming the contents of the notice and liability for any work or non-work taking place on the site.
On receipt of the CN, the LPA ensures the correct information has been included. On accepting the CN, it places the notice on the statutory register, as required in section 69 (1) of the TCPA 1990. The document is now publicly accessible