Changes to planning permission laws
If you’re planning works or have recently completed some, there are new planning permission changes that came into force in April 2024 which may impact you.
These 2024 changes to planning permission laws are added to the Levelling Up and Regeneration Act of 2023, which came into effect on the 26th of October 2023.
Impact of the Levelling Up and Regeneration Act of 2023
Changes in the act have helped to promote more responsible development practices, increased accountability, empowered local authorities to have greater control over development within their areas and cut back on repeat offenders. As a result, people should begin to have renewed trust in the planning system and the quality of new-build construction in general. It’s also paving the way for increased competition as SMEs join the market with their “sustainable housebuilding [practices]. Nearly two thirds (64%) of SMEs are building homes which include sustainable technologies and features that go beyond the requirements of building regulations,” reports HBF.
In these latest changes to planning regulations, the major updates are:
Rapid listed building stop notices - Local authorities can now quickly issue a temporary stop notice for “unauthorised” works to listed buildings. This might be because of lacking permissions for a listed building (which is separate from planning permission) or if the work is breaching those permissions. Previously an injunction was the only mechanism available, but stop notices are faster and mean work must halt immediately. This increases protections for our heritage buildings and discourages unauthorised works.
Submitting commencement notices
Before works are due to start on-site, developers must advise the local authority of the start date and if work doesn’t start on this date (and if there is no reply within 21 days), they’re in breach. Fines can be up to £1000, and they must prove they had a reasonable reason for the delay and lapse. Don’t worry, the start date on notices can be amended before commencement but these powers grant more oversight to local authorities. It makes developers more accountable for their timekeeping and increases the transparency and communication between ongoing builds and local government.
Completion notice changes
This update is meant to prevent developers from undertaking basic groundworks just to ensure “commencement” and secure permission. Now, councils can serve a completion notice to ensure work is finished within a reasonable timeframe. While there is a route of appeal, failure to complete works by this date is likely to end in permissions getting revoked. This will eliminate manipulative and disingenuous commencement practices, encourage more timely developments and reduce the number of incomplete projects.
Extending enforcement time
The biggest overall change is to enforcement. Previously, breaches for lack of planning permission could only be pursued within 4 years and a breach of a planning condition had a 10-year limit. Now, all planning breaches can be enforced for up to 10 years past completion. Anything before the 25th of April 2024 used the dual-tier system whereas everything after will have the new 10-year enforcement period. This makes developers more accountable for their standard of work, promotes adherence to planning laws and gives authorities the time they need to investigate and act on breaches.
As conveyancers, the Wilkinson Woodward Property department will be checking the above when undertaking enquiries and searches. We’re also able to advise you on best practices around securing the correct planning permission, possible enforcement actions and completion or commencement notices. Get in touch for support on your next project today.