000			01828cam a2200241 4500
001			ABS64591
008			011005n2001 000 0 eng u
035			_a(Sirsi) u115010
100			_aBrock, D.
245			_aWhen does an unlawful change of use become immune from enforcement?
260			_c2001
490			_aJournal of Planning and Environment Law _v[2001] JPL, 1153-1155(3)
520			_aIn 1991 the law on enforcement was reformed by the Planning and Compensation Act . The 1991 Act provided for a new 10 year limitation period. Thus, Town and Country Planning Act 1990 s171B now states that in the case of breaches of planning control "no enforcement action may be taken after the end of the period of 10 years beginning with the date of the breach". For changes of use to a single dwelling house this period is four years. Since the 1991 reforms the generally held view of planning lawyers is that the use need not be continuous, and the breach of planning control is the actual change. Discusses "Thurrock v SoS for Environment", which appears to signal a significant change in the law. The judge held that the use had to be continuous throughout the ten years in order to be immune from enforcement action. Thus, this ruling means that in future it will not be sufficient for appellants and applicants for lawful use certificates to show that the material change of use occurred over 10 years ago. They will now have to demonstrate that it has been continuous since that time.
590			_aABS
650			_aTHURROCK V SOS ENVIRONMENT
650			_aPLANNING AND COMPENSATION ACT 1991
650			_aTOWN AND COUNTRY PLANNING ACT 1990 S171(B)
650			_aCHANGE OF USE
650			_aENFORCEMENT NOTICE
650			_aPLANNING CONTROL
690			_aPlanning and development _96259
942			_n0
999			_c68491 _d68491