An Advance Payments Code (APC) notice will have been served if
- A Building Regulations application has been decided within the last 6 weeks and
- The proposed layout meets the Council's adoption criteria or
- No layout plans were available at the time of the serving of the notice
The Advance Payments Code applies whether the street(s) are being offered for adoption or remaining private.
The Advance Payments Code sum remains payable until an exemption applies.
Please contact highways-estates@cornwall.gov.uk to discuss phasing the APC sum.
An estimated APC sum will apply where only a location plan was available at the time of serving an APC notice. If you wish to determine if the APC applies, or you need an accurate APC sum, please submit a layout plan.
Section 220(6) of the Highways Act 1980 allows appeals to the Department of Transport. It allows one month from the date of the Advance Payments Code notice to appeal.
Appeals against the Advance Payments Code sum can be by:
- the person on whom the Notice is served, and if a different person
- the landowner of the land on which the dwelling will, or has been, constructed
Where an appeal is upheld, the Minister can reduce the sum stated in the Advance Payments Code notice. Details about the right to appeal are also on the back of the Advance Payments Code notice.
Building Control can:
- receive a withdrawal notification for an initial notice
- serve a notice under Section 32 of the Building Act 1984
The APC sum is still payable unless
- construction work to the applicable dwelling(s) has not yet started, and
- street works under the private street works code have not commenced
In which case the Advance Payments Code notice will be withdrawn and any payments refunded.
Any amendments to a Building Regulations application can result in either
- Receipt of a further APC notice
- Amendment of the existing APC notice
The exemptions most often used are under Section 219(4)(d) and Section 219(4)(e)
Section 219(4)(d)
This exemption applies where a Section 38 Agreement has been completed.
This exemption does not apply
- where there is only an intention to enter into a Section 38, or
- on the issuing of Technical Approval
Section 219(4)(e)
This exemption applies to roads that are constructed to a suitable standard.
To apply for this exemption please provide
- confirmation the street(s) are to an acceptable construction standard
- as built plans
- details of the construction depths and materials used
- photographs of all stages of construction
- details of the street’s future maintenance arrangement
- any other supporting documentation
Other exemptions
Section 219(4) of the Highways Act 1980 contains exemptions (a) to (k). If you believe another exemption applies please provide further details of
- why the exemption applies and
- any supporting evidence
You need to pay the Advance Payments Code sum before starting foundation works.
Payment of the APC can be via a Performance Bond or a cash payment.
To arrange payment please email highways-estates@cornwall.gov.uk
The Council will accept payment from the
- land owner, or
- contractor, or
- Building Regulations applicant
Performance Bond
Legal Services will write to the Bondsman to confirm the Bond is no longer required
This will occur as soon as possible after
- completion of the Section 38 Agreement, or
- issuing of an exemption notice, or
- issuing of a Section 223(1) notice, and
- on receipt of appropriate instructions from the authorised officer
Cash Payment
Refunds will be via the same method as the payment. We will contact you to arrange the refund.
It is an offence to start building dwellings before paying the Advance Payments Code sum.
If you have not paid the APC sum before starting work we will issue a warning letter.
You should arrange for the APC sum to be paid within the timescales specified on the warning letter. If you need further help please contact us.
If you do not pay the APC sum we may start legal proceedings.
Prosecution can be against both the landowner and the person carrying out the works. This may result in you being issued with a fine by the Courts.