Complete the form below to ask us a question or make an enquiry. We’ll get back to you via phone or email as soon as possible.

Insights

What to do if you receive an Enforcement Notice

Posted on 23rd September 2020 in Planning and Licensing

Posted by

Kelly Burns

Associate & Solicitor
What to do if you receive an Enforcement Notice

One of the most common planning enforcement measures issued by local authorities is a Planning Enforcement Notice.

 

What is an Enforcement Notice?

Enforcement Notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission or outside the conditions of a planning permission.

 

What should I do if you receive an Enforcement Notice?

You must comply with the Enforcement Notice unless you can appeal against it in time. If you do not comply and do not appeal, there may be significant consequences.

 

Why have I been issued with an Enforcement Notice?

If you have received an enforcement notice, it is because your Local Planning Authority consider that you have carried out development on your land without planning permission.

This is known as a breach of planning control and may arise where you have either:

  • carried out operations (such as building works) without obtaining planning permission.
  • changed the use of a building or land without obtaining planning permission.
  • breached a condition or limitation attached to your planning permission.

The enforcement notice will require you to remedy the breach of planning control within a set period of time e.g. 3 or 6 months. The steps that you must take to remedy the breach of planning control will be set out in the enforcement notice.

 

How do I appeal a notice of enforcement?

The enforcement notice does not take effect immediately. The Local Planning Authority must give you at least 28 days from the date the enforcement notice is issued to submit an appeal to the Planning Inspectorate. If you intend to appeal, then it is very important that you submit your appeal within the timescale stated in the enforcement notice.

The enforcement notice will also include details of your right to appeal to the Planning Inspectorate and the grounds for appealing. If you are unsure as to whether you have any grounds to appeal against the enforcement notice or how to comply with it, then you should seek independent legal advice as soon as possible.

 

What happens if I ignore an Enforcement Notice?

If you do not submit an appeal before the enforcement notice takes effect, then you will need to comply with the requirements of the enforcement notice. If you fail to carry out the works required in the enforcement notice the Local Planning Authority could prosecute you.

In most cases, the Local Planning Authority will write to you first before serving an enforcement notice to discuss the breach of planning control.

If a Local Planning Authority contacts you about an alleged breach of planning control, it would be advisable to take steps to address this before formal enforcement action is taken. Such steps could involve providing evidence to the Local Planning Authority that there has been no breach of planning control, submitting a retrospective planning application or applying for a Certificate of Lawful Existing Use or Development. We would recommend that independent legal advice is sought before taking any such steps.  

 

Find out more

Our experienced team of planning solicitors are on hand to advise on any proposed development, or, potential or current enforcement action.

Contact the team

Company & Industry

Related Insights

Insights

Abandonment of Existing Use of Property

Posted on 07th September 2023 in Planning and Licensing

In an appeal determined in August 2023 the Planning Inspector considered whether the use of a former Oast house had been abandoned. The appeal against the refusal to grant planning permission for the repair and reinstatement of the four kiln former Oast house was dismissed.

Posted by

Rachael Jones

Solicitor
Insights

What is Biodiversity Net Gain and how to achieve it?

Posted on 31st July 2023 in Rural Property & Countryside Matters, Planning and Licensing

Biodiversity Net Gain (“BNG”) in the context of planning and development is the principle that development of land should leave the natural environment of those sites in a measurably better state than they were prior to the development taking place.

Posted by

Amy Cater

Partner and Solicitor