25th April 2024
From Thursday 25 April 2024, new enforcement regulations will come into effect in the UK.
On 2 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.
What are the key changes?
Time limits – enforcement action
- The current four-year time limit will be removed for bringing enforcement action against a building, engineering operations, as well as changes of use to a single dwelling house.
- Instead – a single 10-year tariff will apply to all breaches of planning controls.
- The 10-year limit will apply where the date of an alleged change of use to a single dwelling-house, or where the alleged development was substantially completed on or before 25 April 2024.
Enforcement Warning Notices
- From 25 April 2024, local planning authorities will have the power to issue Enforcement Warning Notices, inviting retrospective applications when it appears that a development has taken place in breach of planning control.
Appeal restrictions – enforcement notices
- The new legislation reduces circumstances that an appeal against an enforcement notice can be made where an application has been submitted to rectify a planning breach. This applies to enforcement notices that were issued (and not withdrawn) before 25 April 2024.
Undue delays in appeals
- The Planning Inspectorate will have the power to dismiss appeals against enforcement notices and certificates of lawfulness when the time the appellant has taken to progress the appeal has been excessive.
Increase in temporary stop notice duration
- The duration of temporary stop notices will increase from 28 days to 56 days.
More information on the new enforcement rules can be found on the Enforcement appeals: Key changes under the Levelling Up and Regeneration Act page.
Get in touch for expert advice on planning and how the new regulations might impact you via enquiries@edgarslimited.co.uk or call 01865 731700.