Planning law in property transactions - Enforcement: time limits and local authority powers

Learning Outcomes

After reading this article, you will be able to identify the main enforcement powers available to local planning authorities, explain the statutory time limits for planning enforcement, and apply the correct rules to common property transaction scenarios. You will also be able to distinguish between different types of breaches and enforcement actions, and understand the impact of enforcement issues on property transactions for SQE1.

SQE1 Syllabus

For SQE1, you are required to understand the enforcement of planning law in property transactions, including the time limits for enforcement and the powers available to local authorities. In your revision, focus on:

  • The statutory time limits for planning enforcement actions (operational development, changes of use, breaches of condition)
  • The main enforcement mechanisms available to local planning authorities (enforcement notices, stop notices, breach of condition notices, injunctions)
  • The consequences of breaches of planning control for property transactions
  • The impact of enforcement issues on the marketability and value of property

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

  1. What is the time limit for a local planning authority to take enforcement action against unauthorised building works?
  2. Which enforcement tool allows a local authority to require immediate cessation of a breach of planning control?
  3. How long does a local authority have to enforce against a breach of a planning condition?
  4. What is the effect on a property transaction if there is an outstanding enforcement notice affecting the property?

Introduction

Planning law enforcement is a key aspect of property transactions. Local planning authorities (LPAs) have statutory powers to address breaches of planning control, but these powers are subject to strict time limits. Understanding the types of breaches, the relevant enforcement periods, and the available enforcement mechanisms is essential for advising clients and assessing risks in property transactions.

Enforcement of Planning Control: Overview

Planning control is enforced primarily under the Town and Country Planning Act 1990 (TCPA 1990). LPAs are responsible for investigating suspected breaches and taking action where necessary. Not all breaches can be enforced indefinitely—statutory time limits apply, after which the breach may become immune from enforcement.

Key Term: breach of planning control
A breach of planning control occurs when development is carried out without the required planning permission, or when a condition or limitation attached to a planning permission is not complied with.

Statutory Time Limits for Enforcement

The TCPA 1990 sets out specific time periods within which LPAs must take enforcement action. Once these periods expire, the breach generally becomes lawful and cannot be enforced against (unless deliberate concealment is involved).

Operational Development (Building Works)

  • Time limit: 4 years from substantial completion.
  • Example: Erecting an extension without planning permission.

Key Term: operational development
Physical building works or engineering operations, such as constructing a new building or extension.

Change of Use to a Single Dwellinghouse

  • Time limit: 4 years from the date the use as a dwellinghouse began.
  • Example: Converting an office into a flat without permission.

Other Material Changes of Use and Breach of Condition

  • Time limit: 10 years from the date of the breach.
  • Example: Using a shop as a restaurant without permission, or failing to comply with a planning condition.

Key Term: breach of condition
Failure to comply with a condition attached to a planning permission.

Key Term: material change of use
A significant change in the use of land or buildings that requires planning permission.

Deliberate Concealment

If a breach is deliberately concealed, the time limits do not apply until the breach is discovered. The courts have confirmed that owners cannot rely on the passage of time where deception has been used to hide a breach.

Main Enforcement Powers of Local Authorities

LPAs have a range of statutory tools to address breaches of planning control.

Planning Contravention Notice (PCN)

A PCN is used to obtain information about suspected breaches. It is not an enforcement action itself but helps the LPA investigate.

Key Term: planning contravention notice
A formal notice requiring information about activities or uses on land where a breach is suspected.

Enforcement Notice

An enforcement notice is the primary tool for requiring a breach to be remedied. It sets out the alleged breach, the steps required, and the time for compliance. The recipient may appeal, which suspends the notice until the appeal is determined.

Key Term: enforcement notice
A notice served by an LPA requiring the recipient to remedy a breach of planning control within a specified period.

Stop Notice

A stop notice can be served alongside an enforcement notice to require immediate cessation of specified activities. It is used where urgent action is needed to prevent serious harm.

Key Term: stop notice
A notice requiring the immediate cessation of activities in breach of planning control, usually served with an enforcement notice.

Breach of Condition Notice (BCN)

A BCN is used where a planning condition has not been complied with. There is no right of appeal, and failure to comply is a criminal offence.

Key Term: breach of condition notice
A notice served by an LPA requiring compliance with a planning condition; failure to comply is an offence.

Injunction

In serious or persistent cases, the LPA may apply to the court for an injunction to restrain actual or anticipated breaches.

Key Term: injunction
A court order requiring a person to do or refrain from doing something, used by LPAs to prevent or stop breaches of planning control.

Consequences of Enforcement Action

Enforcement action can have significant implications for property owners and buyers:

  • An outstanding enforcement notice is binding on successors in title and may affect the marketability and value of the property.
  • Failure to comply with an enforcement notice or stop notice is a criminal offence and may result in prosecution or direct action by the LPA.
  • A property subject to unresolved enforcement issues may be difficult to sell or mortgage.

Worked Example 1.1

A homeowner builds a garage without planning permission. The garage is completed in January 2018. The LPA discovers the garage in March 2023.

Answer: The LPA cannot take enforcement action because more than 4 years have passed since substantial completion. The garage is now immune from enforcement.

Worked Example 1.2

A business owner changes the use of a warehouse to a gym in February 2012 without planning permission. The LPA becomes aware in April 2021.

Answer: The LPA can still take enforcement action because the 10-year time limit for material changes of use has not yet expired.

Impact on Property Transactions

When acting in a property transaction, always check for:

  • Outstanding enforcement notices or stop notices
  • Evidence of unauthorised development or use
  • Compliance with planning conditions

If enforcement action is possible or ongoing, advise the client of the risks and consider negotiating solutions, such as applying for retrospective permission or indemnity insurance (where appropriate).

Exam Warning

If a breach has been deliberately concealed, the statutory time limits do not protect the owner. The LPA may take enforcement action once the breach is discovered, regardless of how much time has passed.

Key Point Checklist

This article has covered the following key knowledge points:

  • The main statutory time limits for planning enforcement are 4 years for operational development and change of use to a single dwellinghouse, and 10 years for other changes of use and breaches of condition.
  • Local planning authorities have a range of enforcement powers, including enforcement notices, stop notices, breach of condition notices, and injunctions.
  • Outstanding enforcement notices bind successors in title and can affect property transactions.
  • Deliberate concealment of a breach prevents reliance on statutory time limits.
  • Always check for enforcement issues and compliance with planning law in property transactions.

Key Terms and Concepts

  • breach of planning control
  • operational development
  • material change of use
  • breach of condition
  • planning contravention notice
  • enforcement notice
  • stop notice
  • breach of condition notice
  • injunction
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