Following Royal Assent, it looks like the answer going forward is only going to be 10. DHA's Matt Garvey looks at what this means going forward.
Earlier this year, I wrote an article about timescales for enforcement action, where a breach of planning control has been alleged. At the time, I highlighted that the LURB (Levelling Up and Regeneration Bill), proposed to alter the timescales for enforcement across the board to 10-years, removing the 4-year rule entirely.
The Levelling-Up and Regeneration Bill has now become the Levelling-Up and Regeneration Act (LURA), following receipt of Royal Ascent on the 26th October 2023.
The new Act has yet to come into effect, although the contents of the document have the potential to significantly alter the planning system, not just the time limits for enforcement action.
Clearly, there is still a lot of work for the lawyers at Westminster to do with the new Act and we have not seen any of the provisions, or secondary legislation that will bring the LURA into effect.
DHA will continue to monitor progress and provide updates on these elements as they become available. Whilst in some ways the changes will make this element of planning law more consistent, it is the case that issues of enforcement and lawfulness will remain a complex issue and one that DHA is well placed to assist with.
To read more on the Levelling-Up and Regeneration Act please click here.
