Q&As

Where a planning enforcement notice is withdrawn, what date does the immunity period for a subsequent breach start—from the date of the original breach or the date of the withdrawal notice?

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Published on LexisPSL on 11/05/2016

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

  • Where a planning enforcement notice is withdrawn, what date does the immunity period for a subsequent breach start—from the date of the original breach or the date of the withdrawal notice?
  • Is there a time limit for the LPA to serve further enforcement action under TCPA 1990, s 171B(4)(b) where they purported to take enforcement action within the four-year time period in s 171B(1) in respect of that breach?
  • Is there any guidance/case law where an LPA fails to act promptly in taking enforcement action?

Where a planning enforcement notice is withdrawn, what date does the immunity period for a subsequent breach start—from the date of the original breach or the date of the withdrawal notice?

Under section 171B of the Town and Country Planning Act 1990 (TCPA 1990), development becomes immune from enforcement if no action is taken:

  1. within four years of substantial completion for a breach of planning control consisting of operational development

  2. within four years for an unauthorised change of use to a single dwelling house

  3. within ten years for any other breach of planning control (essentially other changes of

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