Planning Enforcement Regulations Strengthened

Provisions within the Levelling Up and Regeneration Act (2023) aimed at enhancing adherence to planning regulations and deterring unlawful developments came into effect on April 25^th 2024.

Removing the 4-year rule

Previously, councils were constrained by a 4-year timeframe to initiate enforcement actions against building operations and changes of use to a dwelling. This limitation will now be extended to allow councils the flexibility to enforce actions within a 10-year window after the breach, aligning it with enforcement practices for other unauthorised developments.

Importantly, transitional provisions have been implemented to exclude unauthorised operational developments or changes to the use of a dwelling that were substantially completed before April 25, 2024, from the scope of these updated regulations.

Consequently, you cannot apply for a certificate of lawfulness to legalise the operational development or use of a building as a dwelling house until 10 years have elapsed since the date of the planning breach, unless the operational developments or changes were completed before April 25, 2024.

Enforcement Warning Notices

Councils now have the authority to issue an ‘enforcement warning notice’ if they believe there’s a reasonable chance that unauthorised development could receive planning permission. This notice mandates the submission of a planning application within a specified timeframe.

Fines

There will be an increase in the financial penalties for planning enforcement offenses, including the introduction of uncapped fines for breaches of conditions and maintenance of land notices. Additionally, the daily fine for non-compliance with court orders has been raised from £100 to £500.

Temporary Stop Notices

A temporary stop notice mandates an immediate halt to any activity violating planning control. The duration of temporary stop notices has now been extended from 28 days to 56 days. Furthermore, councils can now issue temporary stop notices for unauthorised works to a listed building.

To discuss these new provisions or for any other planning-related enquiries, please contact a member of Berrys’ planning team at Shrewsbury (01743 271697), Kettering (01536 412464), Hereford (01432 809830) or Oxford (01865 953180).