The National Planning Policy Framework (2023) emphasises that planning enforcement is a discretionary activity and Local Planning Authorities should act proportionately in responding to suspected breaches of planning control. When deciding whether to enforce, the District Council must consider the likely impact of harm to the public. Breaches of planning control are generally not criminal offences and any works undertaken by the owner that are found to require planning permission are purely at their own risk. It is a criminal offence to display unauthorised advertisements or undertake work on a Listed Building or to protected trees without the relevant permission.
Under Section 171B of the Town and Country Planning Act, formal enforcement action must be taken within four years in relation to the erection of buildings, and within ten years in relation to changes of use (unless it relates to the change of use to a dwelling whereby the time limit is four years), and breaches of planning conditions. There is no time limit for the enforcement of breaches of listed building legislation.
Key Changes under the Levelling Up and Regeneration Act: Planning Enforcement Matters
From Thursday 25 April 2024, changes to planning enforcement matters come into effect as a result of the Levelling Up and Regeneration Act (LURA).
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 2 April 2024. These are the regulations that bring the enforcement package set out in LURA into force, and subject to transitional provisions, will come into force on 25 April 2024.
Further details are here: Enforcement appeals: Key changes under the Levelling Up and Regeneration Act - GOV.UK (www.gov.uk)
The accompanying explanatory note is here: The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 (legislation.gov.uk)
Below are the key elements affecting planning enforcement matters:
Time limits for taking enforcement action
The LURA has amended Section 171B of the Town and Country Planning Act 1990 by deleting the words ‘four years’ and substituting this with ‘ten years’ (England). The effect of the change will mean that all breaches of planning control can only become immune from enforcement action after 10 years. This includes those breaches which were previously 4 years, such as the change of use of a building to residential use and operational development. The LPA will also no longer have to consider whether operational development is ‘part and parcel’ of a change of use (Murfitt principle) as all breaches of planning control will carry the 10 year immunity rule. The ability for this period to be extended in cases of concealment is unchanged
In simple terms, the four-year time limit for bringing enforcement action against building or engineering operations and changes of use to a single dwelling-house will be removed and a single 10-year tariff will apply to all breaches of planning controls.
‘Second-bite’ provisions and the law related to enforcement orders remain unchanged.
The ten year limit for bringing enforcement action will apply where alleged operational development was substantially completed on or after 25 April 2024, or where the date of an alleged change of use to a single dwelling house was on or after 25 April 2024.
Enforcement Warning Notices (EWA)
Local Planning Authorities can issue EWAs, inviting regularisation applications when it appears that a development has taken place in breach of planning control.
Issuing an EWA will constitute the taking of enforcement action, which is relevant to the ‘second-bite’ provisions.
Restriction on appeals against enforcement notices
Changes to when a ground (a) (an application for retrospective planning permission) will limit circumstances in which an appeal against an enforcement notice can be brought on ground (a).
This will apply in circumstances where an application for planning permission has already been made to regularise the breach
These amendments do not apply to appeals against enforcement notices that were issued, and have not been withdrawn, before 25 April 2024.
The Enforcement Plan
The Enforcement Plan relates to Redditch Borough Council’s planning enforcement service and describes the purposes of the service and how it will be delivered.
It is recognised that the integrity of the Development Management process depends on the Council’s commitment to take effective action against unauthorised development. The Enforcement Plan explains the Council’s policy and procedure for dealing with reports of alleged breaches of planning control. It identifies local priorities to assist with case management. The Enforcement Plan sets out the approach to planning enforcement and provides greater clarity for all parties engaged in the development process.
