Enforcement notices: Time limits for breach (Court of Appeal)

First Secretary of State v Arun District Council, 10 August 2006 (Court of Appeal).

The Court of Appeal has considered the correct time limit for enforcement for failure to comply with a planning condition restricting change of use to use as a single dwelling house.

It held that the High Court had erred in applying the ten year period for enforcement action under section 171B(3) of the Town and Country Planning Act 1990. On a correct construction of section 171B, the time limit for taking enforcement action against any such breach of planning control was four years.

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