Planning Flashcards
(3 cards)
Loss of time based planning immunity - concealment by deception
The case Secretary of State for Communities and Local Government v Welwyn Hatfield Borough Council [2011] UKSC 15 is a significant UK Supreme Court decision concerning planning law, specifically regarding deception in obtaining planning permission through immunity from enforcement.
Legal Issue:
Can a person benefit from the immunity from enforcement if they had deceived the planning authority by hiding the true use of the building?
Supreme Court Decision:
The Supreme Court ruled against Mr. Beesley, holding that:
Deliberate deception to conceal a material change of use prevents a person from relying on the expiration of the 4-year enforcement period.
The planning system should not be undermined by dishonesty.
The use of the building as a dwelling had not become lawful due to the concealment of the breach.
The principle of “no one should benefit from their own wrong” was applied.
Key Legal Principles Established:
Concealment by deception can prevent time-based immunity under planning law.
The 4-year rule in section 171B(2) is not absolute—if the breach is deliberately hidden, the clock does not start running.
The courts may apply principles of public policy to deny the benefit of lawful use status in cases of fraud.
Section 171B of the Planning Act - Time Limits for enforcement actions
The local council has specific time limits for enforcement action based on the nature of the planning breach.
Four-year rule – Operational development and unauthorised use as a dwelling
No enforcement action may be taken after four years from the date of the breach for:
- Carrying out operational development (i.e., building works or engineering operations).
- Change of use to a single dwelling house (e.g., converting a building into a home without planning permission).
Ten-year rule – Other breaches
For all other breaches of planning control (e.g., change of use not to a dwelling, or breaches of conditions), the time limit is:
Ten years from the date of the breach.
Continuous breach of condition
If a breach of a planning condition is ongoing, the ten-year period starts from the first date on which the condition was not complied with.
Example applications:
Building a structure without permission → 4 years.
Using a building as a single home without permission → 4 years.
Running a business from a residential property without change-of-use permission → 10 years.
Other key sections of the Planning Act 1990
Section 73A Invite retrospective application
Section 70C Decline retrospective application
Local authority can decline to determine retrospective application for planning permission if enforcement notice has been issued
Section 191 Certificate of lawfulness of existing use or development
use and operation are lawful if no enforcement action may be taken against them
