A long standing defence to operational development or changes of use to a residential use has been removed from today, after a clause of the Levelling-Up and Regeneration Act 2023 was brought into force today.
From today, any development or change of use must be in open use for at least 10 years before it becomes immune from enforcement.
The rule change is unlikely to make any immediate differences, however, as transitional arrangements mean where the change of use to a dwelling occurred before today, or the operational development was already substantially complete.
In those limited circumstances, the 4-year rule will struggle on for a few more years.
The transitional arrangements mean that arguments will continue – to an even greater extent – for the next few years. Anyone seeking to demonstrate that a development, or a change of use to residential, will have to demonstrate that the development or change of use was substantially complete as of yesterday.
Evidence to demonstrate that the development or change of use was in fact substantially complete – and the definition of substantially – will be hotly discussed in future applications for lawful development certificates and enforcement hearings or inquiries.
If you have a ‘problem site’ that could fall foul of this change in the law, please contact Norton Taylor Nunn urgently, on 01473 316702, or book an appointment with a planning consultant using this link – https://calendly.com/nortontaylornunn/15-minute-discovery-call-li
