IMPORTANT: All Change in Planning Enforcement!

The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 were made on 2nd April. The regulations confirm that new enforcement rules will take effect from 25th April 2024, subject to transitional provisions.

The regulations introduce a number of changes - the most important being that from 25th April 2024 the time period in which local planning authorities can take enforcement action against unauthorised development in England will be, in all cases, 10 years – it was formerly 4 years in the case of unauthorised operational development or the change of use of any building to use as a single dwelling.

However, there are transitional arrangements, relating to when certain breaches took place or unlawful works were substantially completed. Unlawful operations that were substantially completed or a change of use to a dwelling that occurred before 25th April 2024 will still be subject to the 4 years rule, i.e. if the breach commenced on 24th April 2024 or earlier and continued for four years or more up to the date it is eventually investigated.

For example, if a new building requiring planning permission was erected without the necessary planning permission from the local planning authority, and that building was substantially completed by March 2024, the building works would become lawful in March 2028. However, if the building was substantially completed on 27th April 2024, the building works would not become lawful until 27th April 2034.

The new regulations also bring into effect other changes from 25th April 2024 –

·       The power for local planning authorities to issue Temporary Stop Notices for unauthorised works to a

listed building.

·       The duration of Temporary Stop Notices issued from 25th April 2024 will be extended from 28 days to

56 days.

·       The power to issue Enforcement Warning Notices which will enable local planning authorities to invite

retrospective applications to be submitted where unlawful development has taken place.

·       Restrictions on appeals against Enforcement Notices and the ability for the Planning Inspectorate to

dismiss appeals against Enforcement Notices and Certificates of Lawfulness on the grounds of undue

delay by the appellant in progressing the appeal.

·       Increased penalties for non-compliance for offences committed after 25th April 2024.

For more information, please contact our Planning Team on 0121 744 5511.