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Planning and Licensing

Planning enforcement

Whether it is because people are unaware, or uncertain, of the need for planning permission, it sometimes occurs that development is carried out without the correct permissions.

If development has been carried out without the necessary permission the local planning authority may decide to take enforcement action.

 

What is likely to happen with planning enforcement action?

The process often starts with the local planning authority serving a planning contravention notice to find out more information about the development and who owns this land. This may then be followed by the service of an enforcement 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 and so it is important to take early advice if you receive a planning contravention, breach of condition notice or enforcement notice. There is a right of appeal against an enforcement notice.

 

Our planning enforcement advice

Our planning team can help you deal with any enforcement issues you might face. We can assess whether the development needs planning permission or whether it has become lawful and immune from enforcement action. We can liaise with the local planning authority; draft appeal statements and represent you at an appeal. 

 

Planning from all perspectives

Having worked within planning departments for local authorities, we have experience ‘on both sides of the fence’ and can advise you on the intricacies of planning law from all perspectives.

Above all, our planning solicitors are committed to helping you get the outcome you need, so you can focus on moving forward with your building projects.

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