A user created a new major works and sent the Forward Planning notice 3 months before the works were due to start. The notice was sent on the 29th November with a proposed start date of the 28th February.
The authority then issued an FPN as they stated that the notice did not give the correct 3 months notice.
EToN regulations or codes of practice do not provide a definitive rule for how the end date of the 3 month notice period should be calculated in this scenario. The ETS and Codes of Practice only states ‘3 months’ in the various sections which discuss notice period of major works, it doesn’t define what happens if the same day number doesn’t exist in the month the notice period ends on.
The best description we have found so far is one paragraph which describes how you calculate the meaning of ‘Months’. See page 124 of the ETS:Reference to “month” means calendar month, e.g. if a s54 advance notice is received on 6 June 2006, then the earliest start date is 6 September 2006. However, if the future date is a Saturday or Sunday or a public holiday then the earliest start date (or the last date for a street authority response) becomes the next working day. The actual number of elapsed days will therefore vary throughout the year.http://webarchive.nationalarchives.gov.uk/+/www.dft.gov.uk/pgr/roads/network/local/streetworks/cop/pdfelectronictransnotices.pdf
In this scenario when the day number you send the notice on is greater than the last day number in the month the works are planned to start, our software will take the end of the month as the end of the notice period, providing it is a working day. For example if an initial notice was sent on the 31st January then we would consider the 30th of April to be the earliest start date. There are 4 times a year where this scenario could happen.
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