Advance Payments Code

The Advance Payments Code (APC) is a statutory notice served by the Council. This is done within 6 weeks of a Building Regulations application being approved or accepted. 

Before any building work can begin the notice requires the developer to either pay the council, or secure through a performance bond, a sum of money to cover the cost of the street works. This is irrespective of whether the streets are being offered for adoption or will be remaining private. This protects purchasers from the full cost of constructing the affected street(s) in the event that the developer fails to construct them.

Continue reading

The Advance Payments Code legislation is set out within Section 219 to Section 225 of the Highways Act 1980.

An Advance Payments Code Notice (APC) will be served by Cornwall Council, 

  • on notification of the approval or acceptance of any Building Regulations application and
  • where the streets within the site boundary are considered suitable for adoption

An APC notice will be served where the highway is being offered for adoption via a Section 38 Agreement or where the streets within a development meet the Council’s adoption criteria. A layout will meet the Councl's adoption criteria if the street(s) provide sufficient benefit to the wider public, for example by providing a through route to potential future development or to existing public rights of way, highways, roads, streets or footpaths maintained by Cornwall Council or public open spaces

An APC notice will not be served on developments which:

  • are self-contained
  • have no potential to be connected to future developments
  • have no connections to existing public rights of way, highways, roads, streets or footpaths maintained by Cornwall Council or public open spaces.

If you wish to discuss any proposed development layout prior to submitting a Building Regulations application please email highways-estates@cornwall.gov.uk.

If an Advance Payments Code Notice is served it is this person(s) / Companies responsibility to inform all the relevant parties of the serving of this Notice. The Advance Payments Code Notice will also be registered on the Local Land Charges Register and is transferred with the land if the whole development, or a part of it, is subsequently sold.

Where a development falls outside of the adoptable criteria no Advance Payments Code notice will be served. This does not mean that Cornwall Council will not consider the streets for adoption.

If the developer wishes the development to be adopted then 3 outcomes are possible.

  • Cornwall Council refuses to adopt
  • The layout design of the development is modified to meet the adoption criteria
  • The layout remains the same but a commuted sum may be payable to the Council following the formal completion of a Section 38 Agreement.