How long can you go without planning permission?
a condition or limitation on planning permission has not been complied with for more than 10 years. the building was completed more than 4 years ago, and has been used as a dwelling for more than 4 years.
How long does an enforcement notice stay in effect?
A planning enforcement notice lasts ten years. A new enforcement notice will start the time running again.
Is there a time limit on planning enforcement?
Enforcement action must be taken within 4 years in relation to the erection of buildings, and within 10 years in relation to changes of use (unless it relates to the change of use to a dwelling), and breaches of conditions. There is no time limit for the enforcement of breaches of listed building legislation.
What happens if you ignore an enforcement notice?
Failure to comply with the terms of an enforcement notice is a criminal offence, for which you may be prosecuted. Most importantly, communicate with the Council throughout, never ignore an enforcement notice, and take professional advice.
What happens if an enforcement notice is not complied with?
What happens if an enforcement notice is not complied with? It is an offence not to comply with an enforcement notice, once the period for compliance has elapsed, and there is no outstanding appeal. A person guilty of an offence is liable on conviction to an unlimited fine.
Do you need planning after 4 years?
‘THE 4 YEAR RULE’ applies to building, engineering or other works which have taken place without the benefit of planning permission, and that have remained unchallenged by enforcement action for 4 years or more. Therefore you may have a perfectly adequate building but no lawful use for it.
Do you need planning permission after 4 years?
The ‘4 Year Rule’ allows you to make a formal application for a certificate to determine whether your unauthorised use or development can become lawful through the passage of time — rather than compliance with space standards — and can continue without the need for planning permission.
How close can my Neighbour build to my boundary?
How close to my boundary can my Neighbour build? Single story extensions to the side of your property to be no more than four meters in height and no wider than half the original size of the property. For those building a double extension on their property, you cannot go closer than seven meters to the boundary.
Can you block a Neighbours window?
It is possible to block a neighbor’s window. Investing in landscaping options such as trees or tall shrubs, building a fence between houses, or adding window treatments to the inside of a home are viable options when blocking a neighbor’s window.
How long does a breach of planning control need to be completed?
within 4 years of substantial completion for a breach of planning control consisting of operational development; within 4 years for an unauthorised change of use to a single dwellinghouse; within 10 years for any other breach of planning control (essentially other changes of use).
When to take enforcement action under Planning Act 1997?
Where a breach of planning control consists of a change of use of any building (which, for the purposes of the 1997 Act, includes part of a building) to ‘use as a single dwellinghouse’, section 124 (2) provides that enforcement action may only be taken within 4 years of the date of the breach.
How is the 4 year rule applied in planning law?
The appellant argued (both on appeal and in the High Court) that the use derived from the erection of the building (i.e. it was the purpose for which the building was erected) and therefore the 4-year rule applied. Paul Stinchcombe argued that s.75 (3) should apply by analogy, but Collins J rejected this argument.
When do the 4 year and 10 year rules apply?
The 4-year rule covers any breach of building or operations development which has not been challenged by enforcement action for the period of at least four years. The 10-year rule covers any breach of use of land or buildings (excluding dwellings) which has not been challenged by enforcement action for the period of at least ten years.