Whether through oversight or a misunderstanding of planning obligations, commercial developments can sometimes proceed without the correct planning permissions in place.
Where this occurs, the local planning authority may take enforcement action that could disrupt or delay wider commercial objectives.
The commercial planning enforcement action process
The local authority will often begin by serving a planning contravention notice to gather information about the development and the land ownership. This may then be followed by the service of an enforcement notice, or breach of condition notice.
The notice will set out the alleged breach of planning control; what you need to do to remedy the breach, and the timescale within which this must be done. Failure to comply with these notices is a criminal offence, so it is important to take legal advice early.
Our commercial planning enforcement advice
Our commercial planning team can assess whether your development requires permission or whether it may now be lawful and immune from enforcement. We can assess whether the development needs planning permission, or whether it has become lawful and immune from enforcement action. We can also handle correspondence with the local planning authority, draft appeal statements, and represent you at an appeal.
Planning law specialists with a commercial focus
Having worked within planning departments in the public sector, we have a comprehensive knowledge of the planning system and local government administrative law, with the ability to view this from all perspectives.
We work collaboratively with colleagues across the firm, drawing on the expertise from our parks, rural and agricultural property, estates and company and commercial teams. This enables us to provide specialist, commercially focused advice, tailored to your specific needs.
From planning issues to licensing applications, we ensure there are no barriers to your business activities, helping you to get the details right so that you can proceed with confidence.
Contact our planning team today for advice tailored to your situation.