Statutory Basis: Section 171B(3) and Section 191
Unlike unauthorized operational building works (which historically fell under the 4-year rule), breaches of planning conditions fall under the 10-year statutory limitation rule set out in Section 171B(3) of the Town and Country Planning Act 1990.
The legal test is whether the council could have taken enforcement action at any point during that 10-year period. If the breach was continuous and unhidden, the right of the authority to enforce is extinguished by statute.
Crucially, obtaining a CLEUD does NOT delete the condition from the planning register. It certifies that the current non-agricultural occupation is immune from prosecution. However, because it confers permanent lawful residential occupation, mortgage lenders will treat the property as standard residential.
| Evidence Category | Required Documentary Proof | Legal Weight / Authority |
|---|---|---|
| Employment / Income | 10 consecutive years of P60s, SA302s, employment contracts showing non-farming jobs | Conclusive proof of non-agricultural employment |
| Continuous Residency | 10 years of Council Tax bills, electoral roll entries, utility invoices | Proves uninterrupted primary residential occupation |
| Sworn Declarations | Statutory Declarations signed before a Solicitor or Commissioner of Oaths | Formal evidential statements subject to Perjury Act 1911 |
| Absence of Farming | Bank statements, business records showing zero income from agriculture | Refutes any presumption of incidental agricultural work |
The Risk of Interruption: Breaking the 10-Year Clock
To satisfy Section 191, the breach must be completely continuous.
If the non-agricultural occupier moved out for 6 months and rented the property to an active farm worker, the breach ceased. The 10-year clock resets to zero, and a fresh 10-year period of non-compliance must accrue.