Though this is interesting
From the government website:
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What are the time limits for taking enforcement action?
In most cases, development becomes immune from enforcement if no action is taken:
within 4 years of substantial completion for a breach of planning control consisting of operational development;
within 4 years for an unauthorised change of use to a single dwellinghouse;
within 10 years for any other breach of planning control (essentially other changes of use).
These time limits are set out in section 171B of the Town and Country Planning Act 1990.
However, the time-limits set out above do not prevent enforcement action after the relevant dates in certain circumstances. These are:
section 171B(4)(b) of the Town and Country Planning Act 1990, which provides for the taking of “further” enforcement action in respect of any breach of planning control within 4 years of previous enforcement action (or purported action) in respect of the same breach. This mainly deals with the situation where earlier enforcement action has been taken, within the relevant time-limit, but has later proved to be defective, so that a further notice may be issued or served, as the case may be, even though the normal time-limit for such action has since expired. This is known as the “second bite” provision
where there has been deliberate concealment of a breach of planning control, local planning authorities may apply for a planning enforcement order to allow them to take action after the time limits in section 171B have expired
where a person has deliberately concealed a breach of planning control, the courts have found that in these circumstances, the time limits in section 171B do not engage until the breach has been discovered (see Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council and Bonsall / Jackson v Secretary of State for Communities and Local Government).
Therefore, in cases of deliberate concealment, a local planning authority may decide to serve an enforcement notice ‘out of time’ or apply for a planning enforcement order. It is for the local planning authority to decide which approach is appropriate in each case.
Paragraph: 004 Reference ID: 17b-004-20180222
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