header-logo header-logo

Hidden perils

24 May 2012 / Paul Denholm
Issue: 7515 / Categories: Features , Property
printer mail-detail

Paul Denholm questions the application of LA 2011 to planning breaches

Much has already been said about the Localism Act 2011 (LA 2011), which applies to England and came into force in April.

There has been little exposure, however, to how it might impact buyers of residential properties where a planning breach may have occurred. The story starts with two high profile cases that have hit the pages of the national media.

A man’s home is his castle

First, there was Robert Fidler and his wife Linda who, in 2002, built a mock Tudor castle in Surrey. Lacking the relevant planning permission, they hid the castle behind a 40 feet high pile of straw bales. After they had lived there for more than four years, the bales were removed—and Reigate and Banstead Borough Council brought enforcement proceedings against them for breach of planning control. Section 171B of the Town & Country Planning Act 1990 (TCPA 1990) renders development immune from enforcement if building works were substantially completed more than four years previously.

However,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll