New provisions concerning the enforcement of breaches of planning
control in the Localism Act will come into force in England and Wales on 6
April 2012.
The key point to note here is that for any breaches of planning control
which occurred prior to 6 April 2012 and for which the current 4/10 year time
limits for the local authority to take enforcement action have expired before 6
April 2012, the new enforcement provisions on concealed breaches will not
apply.
In addition, in relation to retrospective planning permissions, if an
enforcement notice has already been issued before 6 April 2012, then an appeal
against the enforcement notice can still be made on the ground in S174(2)(a)
(that planning permission ought to be granted) even if a retrospective
application has already been submitted.
Further, where an enforcement notice has been issued and appealed before
6 April 2012, the local authority has no power to decline to determine a
subsequent application for retrospective consent for the development referred
to in the enforcement notice.
For more information on the new Enforcement rules see my Blog at:
With thanks to: National
Association for Planning Enforcement (NAPE)
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