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Many will be aware that, after a given time, breaches of planning control can become immune from enforcement action and there are two relevant periods, 4 or 10 years. However, the Levelling-up and Regeneration bill may change this to a single period of 10 years.
Whilst it is unclear, after all the governmental change that has gone on, what final form the bill will take or even if it will be progressed as it stands under Section 101 of the draft bill, all operational development and changes of use to a dwellinghouse will move from a 4-year immunity period to a 10-year one. For those hoping to rely on immunity for a sale or to otherwise regularise a breach, this could be a major issue and one which would see them waiting a further 6 years before being able to proceed.
Whilst the exact mechanism of how any existing breaches over 4 years, but under 10 years, will be addressed has not been published yet, it seems almost certain that, where a Certificate of Lawfulness has been issued, the date will not be ‘re-set’. On this basis, we would strongly advise that any parties with a relevant breach of greater than 4 years but less than 10 consider making a certificate of lawfulness application. This is something the Stags Planning department has significant experience of; they can be contacted on 01392 439046 or via planning@stags.co.uk
