A take away from the Levelling-up and Regeneration Act 2023

Almost 18 months post its first reading in Parliament, on 26 October 2023, the Levelling-Up and Regeneration Bill received Royal Assent and is now the Levelling-Up and Regeneration Act 2023 (LURA 2023).

LURA 2023, the government claims, will “speed up the planning system, hold developers to account, cut bureaucracy, and encourage more councils to put in place plans to enable the building of new homes.”

This insight focuses on the changes that will be brought about by LURA 2023 in respect of amending the time periods contained in the Town and Country Planning Act 1990 (TCPA 1990) for councils to enforce breaches of planning control.

TCPA 1990 time periods

Section 171(B)(1) of the TCPA 1990 imposes a four year time limit by which a local planning authority can commence enforcement action against unauthorised development i.e. building, engineering, mining and other operations. Similarly, section 171(B)(2) of the TCPA imposes a four year time limit for a local planning authority to commence enforcement action for a change of use of a building to use as a single dwelling.

LURA 2023 extension

Section 115 of LURA 2023 amends both ss 171(B) (1) and (2) to extend the time periods by which the local planning authority must commence enforcement action to 10 years. Breaches of planning conditions and changes of use (other than change of use to a single dwelling as above) are already subject to a 10 year time limit.

Section 115 is not yet in force and will require regulations to bring it into force. No details on these regulations have been published including when they will begin to apply.

Expected effects

Indemnity insurers are likely to be alive to this change and may tighten their requirements in terms of offering cover against such prior breaches. The change may also impact Overage Agreements where the trigger is planning and which includes reference to a Certificate of Lawfulness and Existing Use or Development pursuant to s191 of the TCPA within the definition of ‘Planning Permission’.

It is anticipated this will change how local authorities approach planning enforcement and certificates of lawful existing use.

How Capsticks can help

The changes discussed will need to be borne in mind when carrying out due diligence on projects to ascertain whether a previously unlawful use of land or building operation has become immune from enforcement action.

Our Housing and Regeneration team, one of the largest in the country, advises on all types of development transactions; from forward funded schemes, section 106 developments and stock rationalisations to plot sales and general asset management work. We are experts on all aspects of construction dispute resolution and health and safety matters.

If you have any questions around what is discussed in this insight, please contact Spencer Vella Sultana.

Our specialist local government advice is cost-effective and strategic, complemented by practical knowledge of your daily challenges. Capsticks aims to be the firm of choice for organisations working within the local government sector, offering a full range of services including advising on governance, vires and constitutions, applying for and delivering large regeneration projects, updating constitutional documents, refresher procurement training and support in preparing for an upcoming employment tribunal.

For any queries on how the above may affect your local authority, please contact Suzanne Smith, Jennifer Eng or Tiffany Cloynes.