Planning Enforcement changes: April 2024 Update

Specialist Planning Law solicitor Ellie Shemming gives an update on the long-awaited date for Planning Enforcement changes coming very soon.

The long-awaited date, Planning Law solicitors have been waiting for has now been announced and it is not too far away either.

25th April 2024. Put it in your diaries as it is a big day for Planning Enforcement changes.  

For those who have attended Holmes & Hills Planning Law seminars over the past few years, you would have heard Holmes & Hills Planning Law Department talking about the changes proposed to the planning regime. The Levelling-up and Regeneration Act 2023 (“LURA”) received Royal Assent on 26th October 2023 and various changes were pending secondary legislation which would set out when the changes were to come into effect.

On 2^nd April 2024, secondary legislation by way of the Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 were made. These regulations bring the majority of the enforcement provisions provided by LURA into force.

Many changes have been made under LURA.

For the purposes of this article, Ellie looks at the planning enforcement changes which come into effect on 25^th April 2024.

Enforcement of planning controls

Section 115 - Time limits for enforcement

• What is it?

Section 115 changes the time limits for taking enforcement action in England by revoking the four-year time limit which applied to operational development and change of use of any building to use as a single dwellinghouse. The time limit for taking enforcement against all breaches of planning control in England will now be ten years.

• When does it come into force?

25th April 2024.

• Any transitional provisions?

The transitional provisions are key to note in that this change will not apply in the following circumstances:  

1. Where the operational development was substantially completed before 25th April 2024.
2. Where the change of use to a dwelling occurred before 25th April 2024.
   i.e. the above two circumstances would remain subject to the four-year rule.

Section 116 – Duration of temporary stop notices

• What is it?

Section 116 changes the duration of temporary stop notices in England from 28 days to 56 days.

• When does it come into force?

25^th April 2024.

• Any transitional provisions?

This change will not impact any temporary stop notice that has been issued, and not withdrawn before 25th April 2024.

Section 117 – Enforcement warning notices

• What is it?

Section 117 provides local planning authorities (“LPA”) with the power, in England, to issue an enforcement warning notice where it appears to them that there has been a breach of planning control, and there is a reasonable prospect that, if a planning application is made for the development concerned, then planning permission would be granted. The LPA can take further enforcement action if an application is not received within the specified period.

• When does it come into force?

25th April 2024.

• Any transitional provisions?

n/a

Section 118 – Restriction on appeals against enforcement notices

• What is it?

Section 118 reduces the circumstances in which an appeal against an enforcement notice can be made where an application has already been made to regularise the breach. In short, it effectively removes the ground (a) so that there is only one opportunity to obtain retrospective planning permission.

• When does it come into force?

25th April 2024.

• Any transitional provisions?

This change does not apply to appeals against enforcement notices that were made and have not been withdrawn before 25th April 2024.

Section 119 – Undue delays in appeals

• What is it?

Section 119 provides the Planning Inspectorate (in England) with the ability to dismiss appeals against enforcement notices and appeals relating to certificate of lawfulness where the appellant is responsible for undue delay in the progress of the appeal.

• When does it come into force?

25 April 2024.

• Any transitional provisions?

This change does not apply to enforcement notice or certificate of lawfulness appeals that were made before 25th April 2024.

Section 120 – Penalties for non-compliance

• What is it?

Section 120 increases the penalties that relate to several planning enforcement offences.

• When does it come into force?

25th April 2024.

• Any transitional provisions?

This change applies to offences committed after 25th April 2024.

Heritage Enforcement Changes

A further enforcement power which relates to listed buildings will also be effective from 25th April 2024. Section 103 of LURA amends the Planning (Listed Buildings and Conservations Areas) Act 1990 (“LBA 1990”) by giving LPAs the power to issue temporary stop notices in relation to listed buildings where they suspect that unauthorised works have been carried out. The temporary stop notice can require that works stop for up to 56 days to allow the LPA to investigate the suspected breach. Section 103 also creates an offence for contravention of a temporary stop notice.

Another heritage enforcement change is contained in Section 105 of LURA which amends the LBA 1990 so that in England, LPAs are required to consult with the Historic Buildings and Monuments Commission before serving a building preservation notice. Section 105 also amends the LBA to remove the right to claim compensation for building preservation notices.  Section 105 comes into force on 25th July 2024, but does not apply to building preservation notices that come into effect before 25th July 2024.

Commentary

The 25th April 2024 is set to be a big day, most notably with the new changes made to the enforcement time limits, making all breaches of planning control subject to a ten-year enforcement period. The transitional provisions are key here however and should provide some comfort to those currently subject to the four-year time limit.

If you have any concerns resulting from the changes and what they may mean for you then please do not hesitate to contact one of our specialist Planning Law solicitors.