Wealden District Council

Planning Enforcement Strategy 2024

Time limits for taking enforcement action

The LURA has amended Section 171B of the Town and Country Planning Act 1990 by deleting the words ‘four years’ and substituting this with ‘ten years’ (England). The effect of the change will mean that all breaches of planning control can only become immune from enforcement action after 10 years. This includes those breaches which were previously 4 years, such as the change of use of a building to residential use and operational development. The LPA will also no longer have to consider whether operational development is ‘part and parcel’ of a change of use (Murfitt principle) as all breaches of planning control will carry the 10 year immunity rule. The ability for this period to be extended in cases of concealment is unchanged

In simple terms, the four-year time limit for bringing enforcement action against building or engineering operations and changes of use to a single dwelling-house will be removed and a single 10-year time limit will apply to all breaches of planning controls.

‘Second-bite’ provisions and the law related to enforcement orders remain unchanged.

The ten year limit for bringing enforcement action will apply where alleged operational development was substantially completed on or after 25 April 2024, or where the date of an alleged change of use to a single dwellinghouse was on or after 25 April 2024.

Enforcement Warning Notices (EWA)

Local Planning Authorities can issue EWAs, inviting regularisation applications when it appears that a development has taken place in breach of planning control.

Issuing an EWA will constitute the taking of enforcement action, which is relevant to the ‘second-bite’ provisions.

Restriction on appeals against enforcement notices

Changes to when a ground (a) (an application for retrospective planning permission) will limit circumstances in which an appeal against an enforcement notice can be brought on ground (a).

This will apply in circumstances where an application for planning permission has already been made to regularise the breach

These amendments do not apply to appeals against enforcement notices that were issued, and have not been withdrawn, before 25 April 2024.

The enforcement powers available to the Local Planning Authority are contained within the Town and Country Planning Acts. Procedural advice is provided in the NPPF (National Planning Policy Framework) and guidance on enforcement is found within the NPPG (National Planning Practice Guidance) under ‘Ensuring Effective Enforcement’.

Further information on Enforcement and post permission matters is published on gov.uk.

In considering actions under the Planning Acts it must be stressed that Planning Authorities have powers, but in most cases other than very specialist areas, not a duty, to enforce Planning legislation and must consider whether or not it is appropriate to the Council to take enforcement action. In considering any complaints made to it, it has four key courses of action:

(a) Establish that the complaint is not a breach, and that no action can be taken
(b) Take enforcement action to resolve breaches of planning control which are causing damage to interests of acknowledged importance
(c) Invite a retrospective planning application if the breach which has occurred could be regularised
(d) Take no further action in cases where the breach is of a minor or technical nature 

The planning enforcement system is not designed to seek retribution but is designed to mitigate harm.

Paragraph 59 of the NPPF states that ‘Effective enforcement is important to maintain public confidence in the planning system. Enforcement action is discretionary, and local planning authorities should act proportionately in responding to suspected breaches of planning control.

They should consider publishing a local enforcement plan to manage enforcement proactively, in a way that is appropriate to their area. This should set out how they will monitor the implementation of planning permissions, investigate alleged cases of unauthorised development and take action where appropriate’

This strategy is the ‘Local Enforcement Plan’ for Wealden District Council.

This strategy addresses the following issues:

  • The relevant Development Plans/Planning Policy
  • The type and incidence of enforcement issues
  • The enforcement function
  • The procedure for dealing with enforcement cases
  • Proceeds of Crime (POCA)
  • What if I am contacted by the Council about a breach of planning control
  • Resources and priorities of the Enforcement Services
  • The monitoring of building activity or development
  • Member involvement and delegation
  • Helpful links
  • Contacting the Council and confidentiality