The Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 was made on 2 April 2024 and brings into force several provisions of LURA relating to enforcement.
From 25 April 2024, the following core changes to planning enforcement will come into force:
Temporary Stop Notices: A local planning authority may issue a temporary stop notice if unauthorised works have been or are being executed to a listed building or there has been a breach of a listed building consent and the local planning authority consider it is expedient that the works (or part of them) be stopped immediately. During the 56-day period, the local planning authority can investigate a suspected breach. Contravention of the notice will be a criminal offence.
Any temporary stop notice served after 25 April will now cease to have effect after 56 days, instead of 28 days.
This increase in the time period for temporary stop notices to have effect, will provide local planning authorities with additional time to carry out investigations of suspected breaches.
Enforcement time limit: The time limit for enforcement for operational development and change of use to a single dwelling will be amended from 4 years to 10 years. The time limit for enforcement changing to 10 years is a significant change in the planning system as it opens the door for many more breaches of planning control to be investigated, given the length of time it will now take to obtain immunity from enforcement action.
However, the transitional provisions make it clear that the 10-year period does not apply to operations which were substantially completed, or in respect of breach of planning control, where the breach occurred, before 25 April 2024.
It is therefore crucial that sufficient evidence such as photos, invoices and affidavits are gathered if there has been a breach of control, to use in the event an enforcement notice is served, and evidence is required to prove the breach occurred before the 25 April 2024 or the development was substantially completed before then too. Consideration should be given to regularising any planning breaches by applying for retrospective consent (if required) or certificates of lawful development as soon as possible.
It is also worth noting that there is still no time limit on breaches of Listed Building Consents or unauthorised works to listed buildings and enforcement can be bought at any time. This also applies to situations where there has been a concealment of a planning breach. The position remains as it is, in that where a person has deliberately concealed a breach of planning control, the time limits do not engage until the breach has been discovered and the local planning authority can take enforcement action after the time limit has expired.
Enforcement Notices: From 25 April 2024, a local planning authority will be able to issue an ‘Enforcement Warning Notice’ asking an owner/occupier to submit a retrospective planning application within a specified time. This aims to reduce the number of enforcement notice appeals being issued on ground (a) – planning permission ought to be granted or, as the case may be, the condition or limitation concerned ought to be discharged.
The Levelling-up and Regeneration Act 2023 (Consequential Amendments) (No. 2) (England) Regulations 2024, also brings into force a provision, which requires the registration of an issued ‘Enforcement Warning Notice’ on the enforcement register. The new section 43(3A) of the Town and Country Planning (Development Management Procedure) (England) Order 2015 will set out what details need to be listed on the enforcement register for an ‘Enforcement Warning Notice.
An additional provision is also being introduced which will support the above amendment by limiting a person’s ability to lodge an appeal against an enforcement notice (served on or after 25 April 2024) on ground (a). The new provision prevents an appeal being bought on ground (a), if an enforcement notice was issued after a planning application was made, which related to the enforcement notice (the permission, if granted would authorise the breach of planning control). The new provision does exclude any application for planning permission that the local planning authority or the Secretary of State declined to determine under section 70A, 70B or 70C .The new provision does not apply if the planning application is no longer under consideration (refused, granted subject to conditions and determined and no appeal made, or appealed and dismissed) and the enforcement notice was issued after the end of the period of two years beginning with the day on which the application ceased to be under consideration.
The changes aim to prevent appeals from being bought forward that could essentially be resolved if planning permission was granted or ought to be granted for the breach of planning control. As always, this will inevitably add to the immense workload local planning authorities already have.
It should also be noted that LURA will also increase the maximum level of fines for failure to comply with a breach of condition notice or a section 215 notice occurred after 25 April 2024.
Appeals: The Secretary of State will have a new power from 25 April 2024, which will allow them to dismiss an enforcement notice appeal or an appeal relating to lawful development certificate, if the appellant is causing undue delay to the appeals process.
This new power sets in stone the Secretary of States discretionary powers to dismiss an appeal. However, it has not been made clear what is meant by ‘undue delay’ exactly but as read, the provisions seem to relate to when the applicant fails to provide information or fails to action any steps required to progress an appeal.
The above changes to planning enforcement are significant, especially the enforcement time limit, as the 10 year/4 year rule, which has been the debate of many appeals, comes to an end with a blanket 10 year time period for enforcement action. The changes provide local planning authorities more time to regulate and investigate breaches of planning control, though they also add to the increasing workload local planning authorities already have, in addition to also being heavily under resourced. Only time will tell us, how effective these amendments will be.
