Q&As

What is the status of an enforcement notice that has been in place for more than ten years, where no enforcement action has been taken? Can an enforcement notice expire in circumstances where the immunity period does not apply due to continued breach of condition?

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Published on LexisPSL on 05/08/2019

The following Planning Q&A provides comprehensive and up to date legal information covering:

  • What is the status of an enforcement notice that has been in place for more than ten years, where no enforcement action has been taken? Can an enforcement notice expire in circumstances where the immunity period does not apply due to continued breach of condition?

What is the status of an enforcement notice that has been in place for more than ten years, where no enforcement action has been taken? Can an enforcement notice expire in circumstances where the immunity period does not apply due to continued breach of condition?

Section 173(9) of the Town and Country Planning Act 1990 (TCPA 1990) states that:

‘An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods

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