Enforcement action for breaches of planning control, such as unauthorised development, changes of use, or breaches of planning conditions, is governed by statutory limitation periods. These periods determine how long a local planning authority has to take action before a breach becomes “immune” from enforcement.
England: Recent changes
As of 25 April 2024, England has adopted a uniform 10-year enforcement period, following reforms introduced by the Levelling-up and Regeneration Act 2023:
- 10 years for unauthorised operational development (where works were substantially completed on or after 25 April 2024).
- 10 years for unauthorised change of use to a single dwellinghouse (where the change occurred on or after 25 April 2024).
- 10 years for all other breaches, including material changes of use and breaches of planning conditions.
Transitional provisions:
The previous four-year rule still applies, however, if:
- Operational development was substantially completed before 25 April 2024.
- Change of use to a single dwellinghouse occurred before 25 April 2024.
There will therefore be a significant number of developments substantially completed before April 2024 which remain subject to the four-year rule, rather than the new ten-year rules. It is important for developers to consider which time limit applies to them.
Wales: Traditional regime
The April 2024 reforms do not apply in Wales. The traditional time limits remain:
- Four years from substantial completion for unauthorised operational development.
- Four years from the breach for change of use of a building to a single dwellinghouse.
- Ten years for any other breach, including other material changes of use and breaches of condition.
Exceptions
- Deliberate concealment: If a breach has been deliberately concealed, the ordinary time limits may not apply. In England, authorities can seek a planning enforcement order from the Magistrates’ Court or rely on case law to delay the start of the limitation period.
- “Second Bite” provision: If enforcement action is taken within time but proves defective, further action can be taken within four years of the original action. This is something that can often catch developers out as the time for enforcement runs from the original enforcement action, rather than when the breach occurred. This can somewhat artificially extend the period of time for enforcement action.
- Listed Building Control: These time limits do not apply to listed building enforcement, which operates under a separate regime.
Once the relevant period expires, the development or use may become immune from enforcement. Lawfulness is often regularised by applying for a lawful development certificate, supported by evidence of dates and continuity. It would be prudent for developers to seek a lawful development certificate when these time restraints have lapsed, to ensure that no action is taken by the local Planning Authority.
Should a local Planning Authority seek to take enforcement action in respect of a suspected breach of planning permission, it is important to quickly consider all your options and take the appropriate measures to avoid further enforcement and/or prosecution.
At Dyne Solicitors, we specialise in planning disputes. If you would like a no-obligation chat, please contact Patrik Jones-Wright or Alex Sandland.