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Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10190
Experience:  Barrister 17 years experience
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When planning permission is granted subject to conditions,

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When planning permission is granted subject to conditions, is there a time limit that the conditions are valid for?

Buachaill :

1. The statutory time limit is 10 years from the date the breach of the planning condition first occurred. After this, an enforcement action cannot be taken. However, if the condition is that a dwelling be used for single occupancy, then the relevant period is 4 years from the date the breach of the condition first occurred.

Buachaill :

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Customer:

If there is no breach are the conditions valid for the life of the property?My neighbour's property was built in 2004 and my property has turning rights on my neighbour's property, but my neighbour has just informed me that they want to remove my rights and prevent me from accessing the turning area. They believe that the planning permission conditions are only valid for 8-10 years.

Customer:

Is my neighbour correct in their assumption?

Buachaill :

2. Your neighbour is not correct in his assumption. As I indicated in my earlier answer, a condition can be enforced from 10 years after the date of breach. Accordingly, if your neighbour starts today to prevent you turning, then there are 10 years within which the local planning authority can enforce that condition. However, you are dependent on the local planning authority enforcing the condition. But a condition does not simply expire after a certain period of time, such as 8-10 years.

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