In the realm of planning regulations, timing is everything. When development occurs without proper planning permission, local planning authorities wield the power to enforce corrective action. Local authorities then had a crucial window of opportunity – the infamous ‘4-year rule’.
Under this rule, if four years had elapsed since the breach of planning control, the local planning authorities’ hands are tied which meant they could no longer take enforcement action against the property owner. This rule applied to specific types of breaches, such as unauthorised building operations or changes of use to residential dwellings.
However, recently a significant alteration has taken place in planning enforcement regulations in England. From the 25th April 2024 section 115 of the Levelling Up and Regeneration Act 2023, amended section 171B of the Town and Country Planning Act 1990, extending the enforcement period from the current 4-year limit to a more expansive 10-year duration.
Under this new provision, planning authorities have now been empowered to enforce against unauthorised operational developments, encompassing construction, engineering, mining activities, and other operations, as well as changes of use to dwellings, for a period of 10 years from the date of the breach. After this duration, the development gains immunity from enforcement actions, regardless of its lack of planning permission or a certificate of lawfulness.
One point to note is that the extended enforcement period will not be applicable to changes of use to dwellings that occurred prior to the 25th April 2024, or operational developments that were substantially completed before the same date.
This harmonisation of enforcement rules aims to alleviate pressure on local planning authorities, often strained and under-resourced, by affording them extended investigation and enforcement timelines. Developers and landowners stand to benefit from the generosity of the transitional provisions, finding relief in the additional time granted.
In light of these changes, it is strongly advised that relevant party gather all pertinent evidence, including dated records, to substantiate any claims under the transitional provisions. This proactive approach will ensure that parties are well-positioned to navigate the evolving regulatory landscape effectively.
The property team at Lewis Denley are highly experienced in acting for both property investors and developers. We provide experience along with a fresh innovative approach to each individual matter and legal problem. If you are looking for assistance please get in touch with a member of our team.