How does the 10-year time limit in s.171B(3) of the Town and Country Planning Act 1990 (‘TCPA 1990’) for the taking of enforcement action apply to a breach of condition in a planning permission? What is the legal nature of the right which accrues when a breach of condition becomes immune from enforcement and lawful under s.191(3)? Does the subsistence of such a right depend upon it continuing to be exercised? What is the scope of the power in s.193(7) of TCPA 1990 to revoke a certificate of lawfulness of an existing use or development (a ‘CLEUD’) granted under s.191?
Mr Justice Holgate
[2021] EWHC 1509 (Admin)
Bailii
England and Wales
Updated: 20 June 2021; Ref: scu.663221
