LURA commencement - Planning update

Secondary legislation was made to bring in the LURA provisions on the 2 April 2024. This article will give a brief overview of those provisions in LURA which are now in force as of 25 April 2024. To read about the change in planning enforcement from four years to ten years please see our article here.

Temporary Stop Notices

On 25 April section 116 of LURA came into force, which amended section 171E of the Town and Country Planning Act 1990 ('1990 Act') to allow the extension of temporary stop notices issued in England to be effective for up to 56 days (currently 28 days). This will enable local planning authorities more time to investigate potential planning breaches. This change does not affect any temporary stop notice issued' and not withdrawn, prior to 25 April.

Enforcement Warning Notices

Section 117 of LURA inserts a new section 172ZA into the 1990 Act granting local planning authorities the power to issue enforcement warning notices. These will be issued where it appears there has been a breach of planning control, but there is a considerable prospect that if a planning application is made for the development, planning permission would subsequently be granted. The opportunity to apply for the retrospective planning permission will be within a specified period, in which the local planning authority can take enforcement action if the application is not submitted.

Restriction on Appeals against Enforcement Notices

Section 118 of LURA amends section 174 of the 1990 Act, it reduces the circumstances in which an appeal against an enforcement notice can be made where an application has already been made to regularise the breach. Ground (a) under section 174 is essentially removed, meaning there is only opportunity to obtain retrospective planning permission. This change does not affect appeals against enforcement notices that were made, (and not subsequently withdrawn) prior to 25 April.

Undue Delays in Appeals

Section 119 of LURA amends section 176 of the 1990 Act, enabling the Secretary of State to dismiss an appeal (in England) relating to an enforcement notice or certificate of lawfulness, where it is believed the appellant is causing undue delay to the progress of the appeal. The Secretary of State may issue a notice explaining that the appeal may be dismissed if the appellant does not take the steps specified to expedite the appeal. This change does not affect any appeals against certificates of lawfulness or enforcement notices where the appeal has been made prior to 25 April.

Penalties for non-compliance

Section 120 of LURA amends both section 187A and 216 of the 1990 Act, LURA removes the wording 'not exceeding level 4 on the standard scale', which is currently £2500, and replaces it with 'to a fine' meaning the maximum level that a fine can be imposed for a breach of condition notice and/or failure to comply is now removed. This only applies to offences committed after 25 April 2024.

Heritage Enforcement Changes

Section 103 of LURA amends the Planning (Listed Buildings and Conservation Areas) Act 1990 giving the power to local planning authorities to issue temporary stop notices for listed buildings where they suspect unauthorised works have been carried out. The temporary stop notice can be for a period of up to 56 days. This section also creates an offence for contravention of the temporary stop notice. This change was effective from 25 April.