Effective from 25 April 2024, the Levelling Up and Regeneration Act (LURA) 2023 extends the timescale for enforcement actions against unlawful operational development or changes of use to a single dwellinghouse from 4 years to 10 years.
Following the enactment of the Levelling Up and Regeneration Act (LURA) in 2023, various provisions required secondary legislation. This process has been ongoing since the Act’s inception.
Recently, on 2April 2024, The Planning Act 2008 (Commencement No. 8) and Levelling-up and Regeneration Act 2023 (Commencement No. 4 and Transitional Provisions) Regulations 2024 provided further updates on the LURA. (All of the sections affected are listed within Part 3, Regulation 3.)
Under these regulations, a significant amendment has been confirmed. The extension of the timescales for enforcement action against unlawful operational development or a change of use to a single dwellinghouse will be increasing from 4 years to 10 years. This change takes place on 25 April 2024.
The change is specifically addressed in Section 115 of the LURA (2023), with transitional provisions outlined in Regulation 5. Notably, any operational development substantially completed or change of use to single dwellinghouse occurring before this date remains subject to the previous enforcement timescale.
It’s important to highlight that this extension pertains only to enforcement against unlawful operational development or changes of use to single dwellinghouses. The enforcement timescale for other breaches of planning control remains at 10 years, and is unaffected by this update.
A new Planning Inspectorate article provides further detail relating to the enforcement and enforcement appeal changes.
For those affected, it’s advisable to consider regularising any unlawful developments as necessary. AssetSphere’s friendly planning and development team are ready with the expertise and experience to assist in this process.