planning permission conditions

[sealeysb21]

you own a house with a big garden. you sell half the garden and the buyer wants to put a house in the land they bought.

planning permission is granted. I don't know which party submitted the planning application and if it was submitted and granted before or after sale of land.
A condition is placed on the planning agreement.
The condition is never complied with, council never follow it up.
you die and someone else now owns your home
60 + years after the planning application was granted and more then 15 years after you die can the condition be pursued (enforced) by anyone or the council
there are no objections that the condition was not complied with, but then someone sees the condition and says this should be there and I want to use it.

would it depend on the condition?

sealeysb21

[des8]

In most cases, development becomes immune from enforcement if no action is taken:

• within 4 years of substantial completion for a breach of planning control consisting of operational development;
• within 4 years for an unauthorised change of use to a single dwellinghouse;
• within 10 years for any other breach of planning control (essentially other changes of use).

These time limits are set out in section 171B of the Town and Country Planning Act 1990.

However, the time-limits set out above do not prevent enforcement action after the relevant dates in certain circumstances. These are:

• section 171B(4)(b) of the Town and Country Planning Act 1990, which provides for the taking of “further” enforcement action in respect of any breach of planning control within 4 years of previous enforcement action (or purported action) in respect of the same breach. This mainly deals with the situation where earlier enforcement action has been taken, within the relevant time-limit, but has later proved to be defective, so that a further notice may be issued or served, as the case may be, even though the normal time-limit for such action has since expired. This is known as the “second bite” provision
• where there has been deliberate concealment of a breach of planning control, local planning authorities may apply for a planning enforcement order to allow them to take action after the time limits in section 171B have expired
• where a person has deliberately concealed a breach of planning control, the courts have found that in these circumstances, the time limits in section 171B do not engage until the breach has been discovered (see Secretary of State for Communities and Local Government and another v Welwyn Hatfield Borough Council and Bonsall / Jackson v Secretary of State for Communities and Local Government).
• Therefore, in cases of deliberate concealment, a local planning authority may decide to serve an enforcement notice ‘out of time’ or apply for a planning enforcement order. It is for the local planning authority to decide which approach is appropriate in each case.
• Paragraph: 004 Reference ID: 17b-004-20180222

[Crazy council]

need details of what the breach is, but after this amount of time, you have very little chance of chasing up a planning condition thats not been complied with, buit there are terms thatr you can enforce from year prior, like acsess, services supply or water table rules.

Would need to know what the breach of reg or conditions is

[sealeysb21]

no concealment, in plain view. if the person that built the new house and sill owns it had no objections or you did not have objections while you were alive, can anyone else?

additional area for tuning a car at side of road.

There is currently space to turn a car or big van now but the person raising the issue does not want to turn that way. even turning the other way I think there is space using the road.

new owner that bought your house knew nothing about this condition for at least 16 years after buying your house, then its raised with them and they want to know if they need to comply with the condition.. The person that built the new house and still lives there is not complaining but a relative of theirs is.
All the building etc happened before they were born and they never raised it as an issue until they were well over 40


thank you for the link des8 I'll look at them

sealeysb21