Change of use 10 year exeption

[mart6]

To qualify for the 10 year exemption for change of use without planning.
What qualifies as the 10 year period.
10 YEARS unnoticed
10 years before enforcement notice issued.
ie say you had a material change of use ie breach of planning conditions
and you had say 9.5 years uninterupted then council say it needs planning so you apply gets refused.
The council issue enforcement notice after the 10 year period has been reached.
Would the fact they were aware of breach before 10 years stop the 10 year exemption?

 

[Nakajo]

never mind

 

[tony1851]

My understanding of the rules that applied until relatively recently was that the council had to start legal procedings within the 10-year period.

But I think the legislation changed a year or so ago, to catch development done by deception.

 

[freddiemercurystwin]

I think they have to serve enforcement within the 10 years.

 

[freddiemercurystwin]

But I think the legislation changed a year or so ago, to catch development done by deception.

So are you saying the ten year rule may not be relevant anymore? Or are you saying that it doesn't matter if enforcement is not made within the ten years?

 

[clifford1]

But I think the legislation changed a year or so ago, to catch development done by deception.

So are you saying the ten year rule may not be relevant anymore? Or are you saying that it doesn't matter if enforcement is not made within the ten years?

No, he's saying the rule may not be relevant if the development has involved deception.

 

[mart6]

Cheers guys
No deception involved its just a back up if council do not see reason

 

[jeds]

But I think the legislation changed a year or so ago, to catch development done by deception.

So are you saying the ten year rule may not be relevant anymore? Or are you saying that it doesn't matter if enforcement is not made within the ten years?

My understanding is that enforcement must be served within the four or ten years as applicable but if the time limit has passed, and the planners believe there has been deception, they can apply to the court for an enforcement order. In other words they can't just serve enforcement after the event they have to get a court order. To get the court order the court must be satisfied that deception has occurred.

 

[RonnyRaygun]

My understanding is that enforcement must be served within the four or ten years as applicable but if the time limit has passed, and the planners believe there has been deception, they can apply to the court for an enforcement order. In other words they can't just serve enforcement after the event they have to get a court order. To get the court order the court must be satisfied that deception has occurred.

Brought in to stop people building their house behind a giant haystack...

 

[^woody^]

If this is for the stable thing into "residential" then the correct definition is to a dwelling house, and in which case the period is four years.

The time period for enforcement runs from the date of the breach.

However there are stringent requirements for how you can prove use as a dwelling house, and precedent cases have defined what not only counts as proof but also what specifically counts as use as a dwelling house.

Use must be continuous from the date of the breach, further just living there for does mean that it becomes a dwelling house.