New planning enforcement measures and changes to some existing measures, which would collectively give Local Planning Authorities (LPAs) enhanced enforcement powers and the possibility of imposing greater fines for non-compliance with planning control, are coming into force soon. Many of the enforcement provisions in the Levelling Up and Regeneration Act 2023 (LURA) will come into force on 25th April 2024. Retrofit first means retaining and re-using existing buildings before pursuing other development options, including substantial demolition or total redevelopment where retrofit is not viable. Retrofit first involves understanding which development options would have the lowest embodied carbon intensity and operational carbon emissions. A retrofit first approach does not exclude other development options, but retention and re-use is the default position. Westminster has commenced consultation on its City Plan 2040, with the aim of becoming a ‘retrofit first’ city. It proposes a dedicated policy on the ‘retrofit first’ approach; setting out a priority for the reuse and retrofit of buildings before demolition and redevelopment, and guidance on how different carbon options will be assessed within planning applications.
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New English enforcement provisions – more time – greater penalties  


New planning enforcement measures and changes to some existing measures, which would collectively give Local Planning Authorities (LPAs) in England enhanced enforcement powers and the possibility of imposing greater fines for non-compliance with planning control, are coming into force soon. Many of the enforcement provisions in the Levelling Up and Regeneration Act 2023 (LURA) will come into force on 25th April 2024. 


I outline below the new enforcement provisions likely to be of most interest to Lichfields clients, the two of most relevance being:

  • the proposed change to enforcement time limits, which will be relevant when carrying out due diligence on potential site purchases, and

  • the potential relief on enforcement of certain conditions in certain instances.
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Matthew Spry, Senior Director, Head of London office

Sean Farrisse

Senior Planner

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