What is an Enforcement Notice?

An enforcement notice should only be issued where the local planning authority is satisfied that it appears to them that there has been a breach of planning control and it is expedient to issue a notice, taking into account the provisions of the development plan and any other material considerations.

A breach of planning control is defined in as:

• The Carrying Out Of Development Without The Required Planning Permission; Or

• Failing To Comply With Any Condition Or Limitation Subject To Which Planning Permission Has Been Granted.

Such an example is where an improvement is made to a property or house without first seeking the correct planning permission. Following this, the process continues by examining the possible violations of planning law and then working to resolve them. Some specific examples of these infringements include:

• Construction of an extension or outbuilding;

• Building work that exceeds that approved on a planning permission;

• Works on listed buildings including replacement windows; and

• Advertisements.

These are just a few potential issues. Should you receive an enforcement notice, it will be issued by the local planning authority (your local Council) if they consider it is in the public interest.

The Planning Appeal Process

It is important to remember that if you want to appeal an enforcement notice, you need to ensure that you start the process quickly.

Any appeal that is made against the planning enforcement notice must be made prior to the date on which the notice comes into effect. This is commonly referred to as the effective date, and it will be served to you by the Local Planning Authority in your area when a suspected violation has been made.

An enforcement notice sets out the following:

• Exactly What, In The Local Planning Authority’s View, Constitutes The Breach Of Planning Control; And

• What Steps the Local Planning Authority Require To Be Taken, Or What Activities Are Required To Cease To Remedy The Breach

The notice will usually have a 28-day period in which you can appeal, and you must make the appeal within this timeframe. You should not wait until the last day of the appeal to lodge an appeal, as this can cause delays and may also create a chance for rejection of your appeal as a result. When you have received your enforcement notice, you should first consider the reasons why the Local Planning Authority is issuing this enforcement before you go ahead with the appeal.

The Cost of the Appeal

The cost of an enforcement notice appeal is also something that must be carefully considered. You will need to pay for your own appeal expenses, as will the Council. If you feel uncertain about the cost involved in making an appeal, you can approach a professional consultant.These include:

• Town planning consultant

• Solicitor

• Valuer  

Grounds of Appeal

There are seven grounds of appeal that you can rely on:

• Ground (a): that planning permission should be granted or the conditions attached to a planning permission should be discharged. Please note that this may involve the payment of a fee to the Council.

• Ground (b): that the activities alleged in the Planning Enforcement Notice have not happened.

• Ground (c): that the activities alleged in the Planning Enforcement Notice do not amount to a breach of planning control. For example, this could be because the development benefits from permitted development rights.

• Ground (d): that, at the time the Enforcement Notice was issued, it was too late to take enforcement action against the matters stated in the Notice.

• Ground (e): that copies of the Planning Enforcement Notice were not properly served on everyone with an interest in the land.

• Ground (f): that the steps required in the Planning Enforcement Notice exceed what is necessary to remedy the breach of planning control.

• Ground (g): that the period of time specified in the Planning Enforcement Notice falls short of what should reasonably be allowed.

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