A Big Change in Planning Enforcement is Coming Your Way – 2024

Changes to the LURA. Planning Enforcement Changes will take effect from 25th April 2024

On the 2nd April 2024, the Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 were made, with changes coming into force on the 25th April 2024.

The effect of these changes is focused on the regulations relevant to Planning Enforcement. Some of these changes are significant to the present planning enforcement structure and therefore it is important to read the list of changes provided in the regulations to understand how this could impact you.

Some of the notable changes coming into effect on the 25th April 2024 have been summarised below:

Temporary Stop Notices for Listed Buildings

Section 103 will bring changes to the Planning (Listed Buildings and Conservation Areas) Act 1990 (“the Listed Buildings Act”), giving powers to Local Planning Authorities which suspect that unauthorised works, or works in breach of planning condition(s), to issue a temporary stop notice requiring the works to stop for up to 56 days.

This is to allow the authority time to investigate the suspected breach, whereas previously stop notices could only be issued once a breach had been confirmed. It is also important to note the change creates an offence for contravention of such a stop notice.

Time Limits for Enforcement

On the 25th of April 2024, you will no longer benefit from planning enforcement immunity after 4 years of operational development and/or change of use to a single dwellinghouse in England. Moving forward, operational development and/or change of use to a single dwellinghouse will need to demonstrate at least 10 years before an application for immunity can be made.

Duration of Temporary Stop Notices

Previously temporary stop notices issued by the Council could be up to 28 days. Moving forward, from the 25th April 2024 this will increase to 56 days to provide the Council with more time for a local authority to investigate a suspected breach in planning control.

Enforcement Warning Notices

New powers will be granted to Council’s to issue enforcement warning notices across England. This notice will require the person concerned to submit a retrospective planning application within a specified period.

Undue Delays in Appeals

A new power granted to Planning Inspectors will allow them to dismiss an appeal in relation to an enforcement notice or an appeal relating to a lawful development certificate where it appears the appellant is causing undue delay to the appeals process.

Penalties for Non-Compliance

Whilst penalties already exist where a person does not comply with an Enforcement Notice, the amendment to the regulations allows the Council to issue a higher maximum level of fines for failure to comply.

Referring to the provisions set out in the Regulations, there will be in some of the above cases transitional clauses. For example, amendments to the time limits (4 to 10 years), would not apply where: (a) in respect of a breach of planning control where the works were substantially completed by the 25th of April 2024; or (2) where in respect of a breach of planning control referred to in section 171B(2) of the 1990 Act, the breach occurred before the day on which the section comes into force (25th April 2024), then the 10-year rule should not apply.

However, because the regulations are unclear and could be easily misinterpreted by Local Planning Authorities, it is strongly recommended that you seek planning advice on whether your proposal could benefit from a Lawful Development Certificate or retrospective planning permission.

Similarly, if you are concerned or unsure about how to navigate an Enforcement Notice, how to proceed with an Enforcement Appeal, or Retrospective Planning, then it is important to seek professional advice early.

 

If you would like an initial free consultation call to discuss the above further please contact:

Chris Moore

chris.moore@mplanning.co.uk

01242895008