The following Local Government guidance note provides comprehensive and up to date legal information covering:
Section 171B of the Town and Country Planning Act 1990 (TCPA 1990) sets out time limits, after which no enforcement action in respect of a breach of planning control can be taken, unless there has been deliberate concealment of the breach. The time periods are:
four years beginning with the date on which the operations were substantially completed, in respect of a breach consisting of the carrying out without planning permission of building, engineering, mining, or other operations in, on, over or under land (see Practice Note: Substantial completion and planning enforcement for more information on the legal test for substantial completion)
four years beginning with the date of the breach, in respect of a breach consisting in the change of use of any building to use as a single dwellinghouse, and
ten years beginning with the date of the breach, in respect of any other breach of planning control
There is no restriction on when enforcement action may be taken in relation to demolition of an unlisted building in a conservation area carried out without planning permission or in breach of a condition of that planning permission. See Practice Note: Planning—enforcement.
Fidler concerned a house constructed in the green belt in a clandestine fashion.
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234