Significant changes to planning enforcement time limits have taken effect in England from 25 April 2024 through the Levelling-Up and Regeneration Act 2023.
The Previous 4 Year Rule
Undertaking operational development (such as building and engineering works) or changing the use of a building to a dwelling without planning permission or in breach of condition, has historically been subject to a 4 year enforcement time period. If formal action was not taken by a local planning authority within that time, then the breach would become immune from enforcement and effectively become lawful.
The New 10 Year Rule
However, from 25 April 2024 a 10 year enforcement period will apply to all breaches of planning control in England. For operational development, the ten-year clock will start to run from the date that the operations were ‘substantially completed’. For changes of use of a building to a dwelling, the ten-year period will commence from the date of the breach. Local planning authorities will therefore have a longer timeframe in which to pursue enforcement action in respect of such matters.
Breaches Occurring before 25 April 2024
However it is important to be aware that a 4-year time limit will continue to apply where the operations in breach of planning control were substantially completed before 25th April 2024, or where the unauthorised change of use of a building to a single dwelling occurred before 25th April 2024.
This transitional arrangement brings a simple practicality into the changeover. However, it is foreseeable that future disputes may arise as to the status of schemes as at 25th April 2024, and which immunity period is applicable. The point in time that operational development is “substantially completed” or that a change of use takes effect, involves matters of law and careful consideration of the factual circumstances.
It is therefore advisable for any persons who think they might be affected to take legal advice and gather evidence of position. Where developers are confident of being able to demonstrate that development is immune from enforcement action, it may be useful to apply for a lawful development certificate. If granted, a certificate will serve as confirmation that enforcement action cannot be pursued and that the development is lawful.
Our Team has a successful track record in advising upon enforcement issues and appeals, as well as lawful development certificate applications. Please contact us if we can assist with any matters, or to discuss the changes to the planning enforcement regime more generally.