‘In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning at the date of the breach.’ (s171B(3) TCPA 1990).

But, what happens if the breach is one of a condition laid down in respect of a dwelling house? In a recent case, permission had been granted for an extension, subject to a condition that it had to be used as part of the main house, and not occupied as a separate residential unit. In fact, it was used as separate student accommodation (in breach of the condition). Was the limitation period for taking enforcement action four years (dwelling house) or ten years (any other breach)? It was held that it was four years. Previously, there had been arguments that any breach of condition (whether or not related to use as a dwelling house) would come within the ten-year period but that has now been held not to be the case. In summary, the time limit for taking enforcement action against any breach of planning control resulting in the change of use of any building to use as a single dwelling house is four years. This is so irrespective of whether the breach entails the carrying out of development without planning permission, or a breach of condition, or a combination of both. See note on Arun DC v First Secretary [2006] EWCA Civ 1172 in [2006] EG 30 September 182.