Planning Enforcement Time Limits – What Are They?

Under the Town and Country Planning Act 1990, local planning authorities have the power to take enforcement action where there has been a breach of planning control. However, such power is subject to strict time limits, and if enforcement action is not taken within those strict time limits, the breach of planning control may obtain immunity from enforcement action and become lawful.

It is therefore important that both local planning authorities and developers are aware of the relevant enforcement time limits that apply to breaches of planning control. In the case of local planning authorities, this will ensure that enforcement action is taken in time to prevent any breaches of planning control obtaining immunity and lawfulness, and, in the case of developers, it will ensure that there is a clear understanding of when a local planning authority can no longer take that enforcement action.

Different time limits apply depending on whether the breach occurred in England or Wales.

What are the planning enforcement time limits in England?

Since 25 April 2024, local planning authorities have ten years to take enforcement action. The ten years will start running from:

1. in the case of operational development (e.g. engineering or building works), the date on which the operations were substantially completed; or
2. in the case of any other breach of planning control (including a change of use of a building to a single dwellinghouse), the date of the breach.

However, these time limits only apply if the operations were substantially completed or the breach occurred on or after 25 April 2024.

If the operational development was substantially completed, or the breach occurred, before 25 April 2024, the following planning enforcement time limits will apply:

1. in the case of operational development, four years from the date on which the operations were substantially completed;
2. in the case of a change of use of any building to a single dwellinghouse, four years from the date on which the breach occurred; and
3. in the case of any other breach of planning control (any other change of use, breach of planning condition, etc.), ten years from the date on which the breach occurred.

It is important to be aware that, where the pre-25 April 2024 time limits apply, local planning authorities which allege a material change of use have the power to require within an enforcement notice that any operational development which was ancillary to the unauthorised change of use be removed and the land restored to its condition prior to the unauthorised change of use taking place, regardless of whether such operational development was completed more than 4 years ago.

What are the planning enforcement time limits in Wales?

In Wales, the planning enforcement time limits are the same as those which apply in England pre-25 April 2024. There is no change for those breaches which occurred after this date.

Are there any exceptions?

There are exceptions to the above planning enforcement time limits as follows:

1. the time limits do not apply to the demolition of certain buildings that are situated in a conservation area in England. In this case, there are no applicable planning enforcement time limits; and
2. where the breach has been deliberately concealed by any person or persons, the local planning authority may apply to the Magistrate’s Court for a Planning Enforcement Order entitling it to take enforcement action outside of the planning enforcement time limits for a limited period.

How Tozers can help

If you need advice on whether or not an enforcement period has passed, contact our Planning Team for further advice.

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