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Clarity on the enforcement changes introduced by the Levelling-up and Regeneration Act 2023 (LURA) has finally been provided.

 

The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 was made on 2nd April. The regulations confirm that the new enforcement rules will take effect from 25th April 2024, subject to transitional provisions.

 

Of particular interest will be the transitional provisions relating to the time limits for enforcement. The previous time limit for enforcement relating to operational development or a change of use to a dwelling was 4 years. This has now been extended to 10 years but only for breaches that occur after the 25th April 2024. Unlawful operations that were substantially completed or a change of use to a dwelling that occurred before this date will still be subject to the 4 year rule.

 

As an example, if a farmer had constructed a new agricultural building on their farmland without prior approval from the local planning authority, and the building was substantially completed in January 2024, the building works would become lawful in January 2028. Whereas if the same farmer were to complete the building in May 2024, the building works would not become lawful until January 2034.

 

The new regulations also bring into effect a number of other changes:

 

  • The power for local planning authorities to issue Temporary Stop Notices for unauthorised works to a listed building, as of 25th April 2024.
  • The duration of Temporary Stop Notices issued from 25th April 2024 will be extended from 28 days to 56 days.
  • The power to issue Enforcement Warning Notices will be introduced on 25th April 2024 which will enable local planning authorities to invite retrospective applications to be submitted where unlaw development has taken place.
  • Restrictions on appeals against Enforcement Notices and the ability for the Planning Inspectorate to dismiss appeals against Enforcement Notices and Certificates of Lawfulness on the grounds of undue delay by the appellant in progressing the appeal.
  • Increased penalties for non-compliance for offences committed after 25th April 2024.

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