Introduction
In this blog post we discuss an important change made by the Government to remove the 4 year time limit for a Local Planning Authority (LPA) to bring planning enforcement action against operational development and changes of use to a single dwellinghouse.
What is the 4 year time limit and when is it removed?
Section 171B of the Town and Country Planning Act 1990 contains a 4 year time limit for a LPA to bring planning enforcement action against a breach of planning control consisting of either:
- the carrying out without planning permission of operational development (i.e. building, engineering, mining or other operations in, on, over or under land) – the 4 years begins with the date on which the operations were substantially completed (Section 171B (1)); or
- the change of use of any building to use as a single dwellinghouse – the 4 years begins with the date of the breach (Section 171B (2)).
Under the Levelling-up and Regeneration Act 2023 (the Act) which was made on 26 October 2023 the Government included a provision in Section 115 of the Act revoking the 4 year time limit for a LPA taking enforcement action under Section 171B of the Town and Country Planning Act 1990 such that there would in future be a single enforcement time limit of 10 years for all breaches of planning control, however no timescale for the commencement of this provision was yet announced.
Well now we know the commencement date. On 2 April 2024 the Government made The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 (click here for the Regulations) which provides that on 25 April 2024 the 4 year time limit for a LPA bringing enforcement action against operational development and changes of use to a single dwelling-house will be revoked in England. However, there are transitional provisions in the Regulations such that this change will not apply where the operational development is substantially completed or the change of use to a dwelling occurs before 25 April 2024.
Our comments
The above change to the enforcement time limit will have important practical implications for developers and landowners as it typically forms the ground for them applying for a certificate of lawfulness from the LPA to regularise any planning breaches and in future it will be necessary to establish and provide evidence of the longer 10 year period to be granted such a certificate and to avoid planning enforcement action in relation to operational development and changes of use to a single dwelling-house. We also see resources implications for LPAs as they will now be expected to take planning enforcement action in a greater number of cases.
Note: all comments and views expressed in this blog are merely opinions and provided for information purposes only and do not constitute legal advice which can be relied upon. Should you require legal advice on a matter then please contact us
