
Most know a planning breach occurs if someone undertakes 'development', including change of use, without planning permission where this is required, or if they do not adhere to conditions attached to planning permission. Less known is that enforcement action by local planning authorities (LPAs) is discretionary.
LPAs have a range of powers including enforcement notices, which might require stopping works or removing a building. Their powers were increased with effect from 25 April 2024:
- Extended time limit for taking enforcement action to ten years in all cases. This applies from the point when building operations are complete or from when the change of use occurs. There is still no time limit on breaches of listed building consents, unauthorised works to listed buildings and deliberate concealment of a planning breach.
- NEW - Enforcement Warning Notices may notify an individual that they breached planning control and should submit a retrospective planning application.
- Restricted appeals against enforcement notices if the development was refused planning permission in the last two years.
- NEW - power for the Planning Inspectorate to dismiss appeals against enforcement notices if the appellant is causing "undue delay".
- Temporary stop notices will now cease to have effect only after 56 (instead of 28) days.
- Unlimited maximum fine for non-compliance with a breach of condition notice.
The new extended time limit does not apply to operations that were 'substantially completed' before 25 April 2024 or where the breach occurred before this date. If operations were not 'substantially completed' by 25 April 2025, then the new the ten-year limit applies.
Why should you be concerned?
Any breach of planning must now be able to demonstrate 10 continuous uninterrupted years to be immune from enforcement. This longer 'at risk' period gives greater scope for more breaches to be investigated.
The consequences of LPA enforcement action can be serious. On conviction, failure to comply with enforcement action is a criminal offence. The financial penalties can also be substantial. LPAs may recover (and a court may consider) any financial benefit gained from committing the offence.
The extended period in which a risk of enforcement action can now persist means that indemnity insurance cover may be required more often than previously.
This article is for general information only and reflects the position at the date of publication. It does not constitute legal advice.