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, Fidler’s claim to be immune from enforcement action (taken
