As of 25 April 2024, the Levelling Up and Regeneration Act 2023 enforces amendments to section 171B of the Town and Country Planning Act 1990 (as amended) to allow Local Planning Authorities to enforce against unauthorised operational development, or the change of use of a building to a dwellinghouse, for a period of 10 years of the breach.
As an example, if a commercial premises is unlawfully converted to a dwellinghouse, or a property is extended (beyond permitted development rights) without planning permission on or after 25 April 2024, Local Planning Authorities will now have 10 years to enforce against the unlawful development, rather than the previous 4 years.
Thankfully for those who have not yet obtained a Lawful Development Certificate for unauthorised operational development, or changes of use to a dwelling, there are transitional arrangements in place. The 10 year rule will not apply where the operational development was substantially complete, or the change of use to a dwelling occurred, before 25 April 2024. In such circumstances, the 4 year rule will still apply. However, appropriate evidence will need to be demonstrable if you are wishing to apply for a Lawful Development Certificate.
We can help you understand the implications of the new 10 year enforcement rule, provide you with advice about whether the evidence you have collated is robust, and prepare and lead Lawful Development Certificate applications. If you think this change may affect you, then please let the DLBP team know. Our Associate Director, Amy Paterson, is available at amypaterson@dlbp.uk or on 07757262724.