25 April 2024: Enforcement Day

Over the past six months, the government has gradually introduced various of the planning reforms contained in the Levelling Up and Regeneration Act 2023. Many of these either rely upon further regulations being passed, so practically speaking are not yet in force, or affect only certain types of development (eg section 136 relating to ancient woodland). However, 25 April 2024 is likely to be a day on which the impact of the Act is felt by many in the development industry, because that is when various changes to strengthen the enforcement of development control - in particular an increase in enforcement periods - will come into effect in England.

What are the changes?

Subject to some transitional arrangements, from 25 April 2024:

• local planning authorities can issue new "enforcement warning notices", which are formal, registered notices stating that the authority is aware of a breach which is reasonably likely to be acceptable and requesting that a retrospective application is made to regularise the situation;
• local planning authorities can also issue temporary stop notices to prevent works which do not have the required listed building consent;
• they can issue temporary stop notices (whether relating to a listed building or planning breach) for 56 days, doubling the previous 28 days;
• the maximum fine for a breach of a condition notice or a land maintenance notice will increase from £2,500 or £1,000 (as relevant) to an unlimited amount;

  and, significantly …

• the periods before which all breaches will become immune from enforcement action will be 10 years. The current shorter period of four years for some breaches will no longer apply.

Changes to enforcement periods

The last of the changes listed above substantially increases the number of years during which the following types of planning breaches can be enforced against:

1. the carrying out of physical operations without planning permission - currently four years; and
2. the change of use of a building to a single dwelling house - also currently four years.

This will greatly increase the risk of these planning breaches - the values of properties developed without planning could decrease as a result, and the availability and cost of insurance is likely to be affected.

Transitional arrangements

However, whether the new longer, ten year, enforcement period will apply depends upon when the unlawful works or change of use were completed or carried out - if before 25 April 2024, then the old enforcement period four years will still apply. So, we would recommend that anyone aware of a recent breach on their land takes immediate action to document that this took place before that date. 

We wait to find out whether these changes will in practice increase the number of enforcement actions taken by local planning authorities. The authority will still need to become aware of the breach and decide that enforcement action is proportionate and expedient in the circumstances. Given the current resourcing issues faced by many planning departments, particularly within enforcement teams, this measure may not have the immediate effect that the government is hoping for.