If you’d like an email alert when changes are made to planning guidance please subscribe. New prior approval fee (Regulation 5, in force on 1 August 2020). It will take only 2 minutes to fill in. A temporary stop notice must state the date the temporary stop notice has been served, the activity that has to cease, and that any person contravening it may be prosecuted for an offence. England and Wales: eight weeks for ‘non-major developments’ … The Act specifies the purposes for which entry to land may be authorised (section 196A(1) of the Town and Country Planning Act 1990), namely: The phrase “or any other land” means that if necessary neighbouring land can be entered, whether or not it is in the same ownership, or is being occupied by the person whose land is being investigated. The relevant local planning authority should ensure that an assessment of the likely consequences of serving the notice is available to the Committee or officer who will authorise service of it. There may be liability for a local authority to pay compensation in respect of damage suffered due to: Paragraph: 079 Reference ID: 17b-079-20190722. there is a trivial or technical breach of control which causes no material harm or adverse impact on the amenity of the site or the surrounding area; development is acceptable on its planning merits and formal enforcement action would solely be to regularise the development; in their assessment, the local planning authority consider that an application is the appropriate way forward to regularise the situation, for example, where. Further guidance on when enforcement action should be taken. In some instances there is a clear public interest in taking rapid action to address breaches of planning control. The local planning authority has powers to enter enforcement notice land and carry out the requirements of the notice themselves (section 178 of the Town and Country Planning Act 1990). (c) any other person who in the opinion of the local planning authority will be affected by the notice. The time limit for commencement in such cases will be extended to 1 April 2021. The application must be made to a magistrates’ court and a copy must be served on the owner and occupier of the land, and on anyone else with an interest in the land which, in the local planning authority’s opinion, would be materially affected by the taking of enforcement action in respect of the breach. A temporary stop notice (section 171E of the Town and Country Planning Act 1990) requires that an activity which is a breach of planning control should stop immediately. 2.15 Regulation 20 creates a new PDR for “additional temporary use of land” (as the new “Class BA” in Schedule 2, Part 4 of the GPDO). Paragraph: 042 Reference ID: 17b-042-20140306. As such, it is section 93B which creates retrospective effect, effectively reviving planning permissions which expired during the lockdown period (subject to ‘additional environmental approval’). Further information can be found in the government’s guidance on the compulsory purchase process and Crichel Down Rules. If you have started the works within the three years, there is no time limit to finish. Local planning authorities have the power to revoke or modify planning permission under section 97 of the Town and Country Planning Act 1990 (as amended). This right is limited to what is regarded as essential, in the particular circumstances, for effective enforcement of planning control. Paragraph: 036 Reference ID: 17b-036-20140306. Further, no ‘additional environmental approval’ may be granted following 31 December 2020, unless granted on an appeal lodged on or before that date. 1.9 The Bill introduces a new section 18A to the Planning (Listed Buildings and Conservation Areas) Act 1990. Signs with no restrictions on size 13. Paragraph: 067 Reference ID: 17b-067-20150901. Where an enforcement notice identifies a breach of planning control which could have required any buildings or works to be removed, or an activity to stop, but has stipulated some lesser requirements, and all the requirements of the notice have been complied with, then planning permission is deemed to be granted for those remaining operations or use (section 173(11) of the Town and Country Planning Act 1990). 1.14 New section 74C provides that the local planning authority can approve the application, refuse the application or determine, with the agreement of the applicant, different modifications or alternative dates during which they will have effect. Added new paragraphs 068-083 on build-out, completion notices, discontinuance orders and revocation of planning permission. A person who contravenes a stop notice after a site notice has been displayed, or the stop notice has been served on them, is guilty of an offence (section 187(1) of the Town and Country Planning Act 1990). Enter your email address to subscribe to this blog and receive notifications of new posts by email. Paragraph: 053 Reference ID: 17b-053-20140306. There is a clear public interest in enforcing planning law and planning regulation in a proportionate way. The Planning (Hazardous Substances) Act 1990 requires hazardous substances consent to be obtained when a controlled quantity of hazardous substance is present on land. Signs up to 6 square metres, with 3 metre height limit 12.2. In these circumstances a local planning authority should generally only apply for an injunction as a last resort and only if there have been persistent breaches of planning control over long period and/or other enforcement options have been, or would be, ineffective. When there are special reasons for specifying an earlier date a stop notice may take effect before 3 days, in which case, a statement of reasons must be served with it. These are: section 171B(4)(b) of the Town and Country Planning Act 1990, which provides for the taking of “further” enforcement action in respect of any breach of planning control within 4 years of previous enforcement action (or purported action) in respect of the same breach. Don’t worry we won’t send you spam or share your email address with anyone. There are restrictions on what a temporary stop notice can prohibit (section 171F of the Town and Country Planning Act 1990): Paragraph: 039 Reference ID: 17b-039-20140306. Paragraph: 043 Reference ID: 17b-043-20170728. The fast-track process is facilitated through a requirement for the local planning authority to respond to the application within 14 days from the day after submission, and deemed approval in the event of no response. A ten year limit applies to all other development including change of use (other than to a single dwellinghouse) and breaches … It may be appropriate in some circumstances for the local planning authority to issue a temporary stop notice where the breach of planning control has occurred on land owned by a third party, including the local authority or another public authority. The local planning authority is also required to secure the consent of the appropriate authority. Section 102 of the Town and Country Planning Act 1990 enables a notice to be issued ordering the discontinuing use, alteration or removal of buildings or works. If the work was carried out within the last two years (time limits … For example, it may be considered essential to protect an Area of Outstanding Natural Beauty, Green Belt or conservation area, from operational development (such as buildings, roadways or other hard surfaces) which if it continued, would be especially harmful. Paragraph: 030 Reference ID: 17b-030-20140306. If a completion notice takes effect, the planning permission referred to in it shall become invalid at the expiration of the period specified in the notice, which must not be fewer than 12 months, or such longer period as may be determined by the Secretary of State. Before serving such a notice a local planning authority must be satisfied that it is expedient that any relevant activity should cease before the expiry of the period for compliance specified in an enforcement notice. The Bill introduces a fast-track planning application process for the temporary variation of both planning conditions limiting construction site working hours and documents approved pursuant to planning condition containing such limitations. The provisions of the European Convention on Human Rights, such as Article 1 of the First Protocol, Article 8 and Article 14, are relevant. Where there are reasonable grounds for entering land for enforcement purposes, and entry is refused or is reasonably likely to be refused, or there is a need for urgency, then it is possible for a Justice of the Peace to issue a warrant to allow entry (section 196B(1) of the Town and Country Planning Act 1990). This will usually entail an inspection by the building surveyor, obtaining engineering certification where … More importantly they do not ensure that the property is safe – the main reason for building regulations. Paragraph: 022 Reference ID: 17b-022-20170728, Revision date: 28 07 2017 See previous version. 2.22 The PDR is also conditional on a number of matters which include the following: (a) before beginning the development prior approval must be sought as to the following impacts: transport and highways, air traffic and defence assets, contamination and flooding risks, external appearance, provision of adequate natural light in all habitable rooms and amenity of existing and neighbouring buildings including overlooking, privacy and loss of light and impacts on protected views. An appeal must be made before the date that the discontinuance notice will come into effect. Paragraph: 038 Reference ID: 17b-038-20140306. A person who at the time the temporary stop notice is served has an interest in the land to which the notice relates may be entitled to compensation by the local planning authority for any loss or damage directly attributable to the prohibition effected by the temporary stop notice. Planning Enforcement action has to be taken within strict time limits. A four year limit applies to unauthorised operational development (the carrying out of building, engineering, mining or other operations in, on, over or under land) and change of use to a single dwellinghouse. The clear way to break the vicious circle is to obtain regularisation - this is the process by which a retrospective building regulations application can be made. Local planning authorities and Justices of the Peace can authorise named officers to enter land specifically for enforcement purposes (sections 196A,196B and section 196C of the Town and Country Planning Act 1990). Paragraph: 075 Reference ID: 17b-075-20190722. A person guilty of an offence is liable on conviction to an unlimited fine. Prosecution is possible up to two years after the completion of the offending work. In all cases, the time limits for commencing development are extended until 1 April 2021. 2.16 There are the following additional points to note in relation to use of land under the new right: (a) the right is in addition to use under the existing Schedule 2, Part 4, Class B PDR for temporary use of land; (iii) the right includes the right to place on the land any moveable structure (such as a stall or a marquee) for the purposes of the permitted use; (b) any use of land for any purpose must be for not more than 28 days in total during the period 1 July 2020 to 31 December 2020; of those 28 days, no more than 14 days in total may be for the of (i) holding a market, (ii) motor car and motorcycle racing including trials of speed, and practising for these activities; (c) development is not permitted if the land in question is a building or is within the curtilage of a listed building; if the use of the land is for a caravan site; if the land is, or is within, a site of special scientific interest and the use of the land is for: (i) motor car and motorcycle racing including trials of speed or other motor sports, and practising for these activities; (ii) clay pigeon shooting; or (iii) any war game, or if the use of the land is for the display of an advertisement; (d) the right will cease to have effect from 1 January 2021. The provisions of the European Convention on Human Rights, such as Article 1 of the First Protocol, Article 8 and Article 14, are relevant. There is a right of appeal against a refusal of an ‘additional environmental approval’. However, they are also described as providing ‘ongoing efficiencies to the work of the Planning Inspectorate’. The “immediate” cessation of activities should allow for the shutting down and making safe of an activity; a temporary stop notice may not prohibit the use of a building as a dwelling house. 2.28 This new PDR can be withdrawn (by way of a direction under article 4 of the 2015 Order), and as a result the Regulations amend “The Town and Country Planning (Compensation) (England) Regulations 2015” so as to limit a LPA’s compensation liability in the event it issues an article 4 direction. Paragraph: 025 Reference ID: 17b-025-20180222. The time limit for prosecution depends on the date of the breach, but for breaches after 22/09/2008 the prosecution must be brought within 6 months of the breach being discovered, and within 2 years of completion of the works that are in breach. Paragraph: 018 Reference ID: 17b-018-20140306. B. Provisions for enforcing against breaches of control generally follow the planning enforcement provisions, so far as they are appropriate, and a contravention of hazardous substances control is itself an offence. An interest in land includes an interest only as an occupier of the land. We’d like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. When can I start work on my proposals? Planning permission is the legal process followed in order to decide whether proposed developments should be allowed to go ahead. Enforcement action should, however, be proportionate to the breach of planning control to which it relates and taken when it is expedient to do so. We’ll send you a link to a feedback form. photographic evidence of the persons concerned; affidavit evidence sworn by the local planning authority’s officers; reference to chattels on the land, known to belong to, or be used by, that person (eg a registered motor vehicle); or. 1.1 Part Three of the Bill relates to planning. Where necessary, local planning authorities also have a range of investigative powers for planning enforcement purposes. In determining the amount of any fine, the Court is to have regard to any financial benefit which has been accrued or appears likely to accrue in consequence of the offence (section 179 of the Town and Country Planning Act 1990). In some instances there is a clear public interest in taking rapid action to address breaches of planning control. The restrictions apply to all land in which a Crown body has any interest. The preparation and adoption of a local enforcement plan is important because it: Paragraph: 006 Reference ID: 17b-006-20140306, Paragraph: 007 Reference ID: 17b-007-20140306. The amendments apply solely in relation to the Mayor’s spatial development strategy, namely the London Plan. But more importantly, indemnity insurance only protects you from enforcement action, not actual problems. Prior approval can be granted unconditionally or subject to conditions reasonably related to the subject matter of the approval. Paragraph: 059 Reference ID: 17b-059-20140306. Enforcement action is possible in relation to Crown Land, but there some restrictions which do not apply elsewhere. These transitional provisions ensure that any such applications submitted before 1 August 2020 will be determined in accordance with PDR in force before that date. Even if planning permission or Building Regulations consent (or both) was required but not obtained, all is not lost: indemnity insurance cover is usually available to covered against the risk of the council taking enforcement action. Paragraph: 033 Reference ID: 17b-033-20140306. A local planning authority cannot, however, enter land for any purposes connected with the making or enforcing of any such notice or order without first securing the consent of the relevant Crown body. Adequate natural light in homes (Regulations 13 to 19 and 27, in force on 1 August 2020). Paragraph: 082 Reference ID: 17b-082-20190722. There is provision for deemed approval of the application within 28 days (or a longer agreed period) if the local planning authority does not issue its decision within this period. The validity of a temporary stop notice, and the propriety of the local planning authority’s decision to issue a temporary stop notice, may be challenged by application to the High Court for judicial review. A stop notice can prohibit any or all of the activities which comprise the alleged breach(es) of planning control specified in the related enforcement notice, ahead of the deadline for compliance in that enforcement notice (section 183 of the Town and Country Planning Act 1990). The final planning measure affords the Mayor of London temporary flexibility to make the London Plan available for inspection by appropriate electronic means, rather than having to make copies available for inspection at the Greater London Authority’s offices and to distribute copies when requested. Paragraph: 019 Reference ID: 17b-019-20180222. 2.11 This requirement applies to development under the following change of use classes under Schedule 2, Part 3 of the GPDO: (a) Class M – retail, takeaways and specified sui generis uses to dwellinghouses; (b) Class N – specified sui generis uses to dwellinghouses; (d) Class PA – premises in light industrial use to dwellinghouses; and. Additional precautions must be taken when there is an outbreak of serious disease in animals or a serious plant pest or pathogen. 1.16 The Bill temporarily modifies the effect of section 43 of the Greater London Authority Act 1999 until 31 December 2020. Under s36 of the Building Act 1984 the local authority must serve the notice within 12 months of completion of the work or else it is time-barred. Subject to these restrictions, a local planning authority can serve a notice or make an order (other than a court order) intended to enforce compliance on Crown land without having to follow any procedures other than those which are already set out in the planning Acts as being generally applicable. Therefore, in cases of deliberate concealment, a local planning authority may decide to serve an enforcement notice ‘out of time’ or apply for a planning enforcement order. Again, the temporary modifications expire on 1 April 2021. The power to serve a stop notice is discretionary. The Court may grant an injunction against a person whose identity is unknown (section 187B(3) of the Town and Country Planning Act 1990). Paragraph: 052 Reference ID: 17b-052-20140306. Hence, development is not permitted if: (a) the permission to use any building as a dwellinghouse was granted by PDRs set out in any of classes M, N, O, P, PA or Q of the GPDO, which are those that permit changes of use from various uses to residential (and includes the contentious office to residential PDRs); (b) the building was constructed before 1 July 1948 or after 5 March 2018 (the latter being the date on which the government first announced its intention to introduce the upward extension PDR); (c) the extended building would be greater than 30m high; (d) it does not comply with limitations on floor to ceiling heights of the additional storeys and the overall height of the roof of the extended building; (e) the site on which the building is located is or forms part of a conservation area, National Park, AONBs, or SSSI, a listed building or a scheduled monument or land within their curtilage. it only authorises entry on one occasion; entry must be within one month from the date of the issue of the warrant; the entry must be at a reasonable hour, unless the case is one of urgency. 2.1 This main section 2 provides a brief summary of the Regulations’ amendments. Retaining walls up to 3 metres depth of ground 14. The four year time limit also applies to change of use of a building, or part of a building, to use as a single dwelling house The 10 year time limit refers to the change of use of for all other development. They cover for example the structure of the building, fire safety, and the provision of sanitation, hot water safety and water efficiency measures. Sections 296A and 296B of the Town and Country Planning Act 1990 restrict such actions as serving enforcement notices, stop notices, revocation orders and discontinuance orders on the Crown. But there are situations where action can be taken even after these time limits are up, in accordance with the Town and Country Planning Act. Paragraph: 073 Reference ID: 17b-073-20190722. Finance to purchase and convert a care home into flats Our client had the chance to buy a former care home at a £90K discount on listed price, if they could complete quickly. Following the end of the period for compliance, a “person responsible” who has not ensured full compliance with the conditions and any specified steps, will be in breach of the notice and guilty of an offence section 187A(8) and (9) of the Town and Country Planning Act 1990. It allows an applicant and an LPA to agree a period longer either than 8 weeks for the authority to determine prior approval applications, or than a time period otherwise specified in the GPDO. Local planning authorities have responsibility for taking whatever enforcement action may be necessary, in the public interest, in their administrative areas. Local planning authorities should take an active role in chasing the county council to implement local highways matters. All content is available under the Open Government Licence v3.0, except where otherwise stated, If you use assistive technology (such as a screen reader) and need a They are described in the Explanatory Notes as providing flexibility for a Planning Inspector to use more than one procedure to determine planning appeals which is required to enable the Planning Inspectorate to deal with cases quickly and effectively during the coronavirus pandemic. An eventual prosecution under section 179 of the Act may fail if the Court finds the terms of the notice incomprehensible to the lay person. This information is contained in the information sheet provided by the Planning Inspectorate which local planning authorities should use. 2.27 The new flats may only be used for Class C3 residential purposes and do not benefit from any of the existing PDRs for dwellinghouses in Part 1 of the GPDO. Don’t include personal or financial information like your National Insurance number or credit card details. I asked the seller's solicitor if they have … Find out more information on retrospective planning applications on GOV.uk. It allows an applicant to apply to modify the restrictions imposed either by way of condition of approved document so as to allow construction activities to be carried out for a longer period than permitted on a particular day or on a day which is currently not permitted. Further, for most breaches of planning control, the council cannot take enforcement action after 10 years, and for most breaches of building control, the … 1.8 New sections 93E and 93F have the same effect as new sections 93A and 93B, but apply in relation to outline planning permissions. Additional temporary use of land (Regulation 20, in force on 25 June 2020). This new PDR permits various related works including reasonably necessary engineering works to construct the additional storeys and the new flats, and is subject to several restrictions. Local planning authorities may issue a completion notice where development has stalled, and the authority is of the opinion that it will not be completed within a reasonable period. Paragraph: 020 Reference ID: 17b-020-20140306. 2.9 They do so in relation to the following classes in Schedule 2, Part 1: (a) Class A – Enlargement, improvement or other alteration of a dwellinghouse; (b) Class B – additions etc to the roof of a dwellinghouse; (c) Class C – other alterations to the roof of a dwellinghouse; (e) Class E – buildings etc incidental to the enjoyment of a dwellinghouse; (f) Class F – hard surfaces incidental to the enjoyment of a dwellinghouse; (g) Class G – chimneys, flues etc on a dwellinghouse; and. To help us improve GOV.UK, we’d like to know more about your visit today. 1.15 The Bill amends the power of the Secretary of State to determine which procedure (i.e. A Detailed Guide, Town and Country Planning (Permitted Development and Miscellaneous Amendments) (England) (Coronavirus) Regulations 2020, Environmental Information Regulations 2004.