As CL Planning has highlighted in previous news items, the Levelling Up and Regeneration Act (LURA) introduces changes to current planning legislation. Perhaps the most significant are the changes to the well-known ‘4 year rule’ and increased powers relating to planning enforcement.
Until this year, if a building was constructed without planning permission or where a residential use – say converting an outbuilding to independent residential use – has been in place for 4 years, whilst that did not make it lawful for planning purposes, it made it immune from planning enforcement control. The property owner was then at liberty to apply to the Local Planning Authority for a Certificate of Lawful Use – which if approved, meant the building / residential use was lawful.
From 25th April, this 4 year ‘window’ changes to 10 years. The government has made a transitional arrangement in that if the use or building was potentially lawful under the ‘old’ 4-year rule on 24th April, then at any time in the future, the owner can still rely on the ‘4 year rule’ and apply for a Certificate of Lawful Use or Development.
One other specific enforcement power of note that in our opinion, will be in frequent use, will be the new Enforcement Warning Notices (EWN) . These can be issued if the Council believes that a breach of planning control (a) can be resolved and (b) a retrospective planning application could regularise the breach of planning control. The EWN will ask the individual to submit a retrospective planning application within a specified period. The Notice will warn that unless a planning application is made within the specified period, the Council may take enforcement action. In effect, the serving of such a notice ‘stops the clock’ on the 10 year ‘immunity’ rule, thus in theory preventing the 10 years from ever being achieved.
Giles Moir (Director) stated ‘The change from 4 to 10 years is a wide ranging and fundamental one. We have helped many clients obtain Certificates of Lawful Use for independent residential annexes, and conversions of rural and urban outbuildings to residential use. I can see Councils issuing large numbers of Enforcement Warning Notices, just to demonstrate they are taking action, and to preserve the option of taking enforcement action at some future point – particularly if the breach is getting close to the 10 year ‘cut off’immunity period.
If you have a building or residential conversion without planning permission, do get in touch with us, and we will see how best we can help you.