Planning Enforcement Consultants London

A failure to complete or return a notice within 21 days is an offence, as is providing false or misleading information on the notice. You should immediately obtain professional advice.

The local council will only issue a Planning Contravention Notice when they believe a breach of planning control has taken place and they want to obtain further information before they decide whether (or if) to take planning enforcement action.

Issuing a Planning Contravention Notice is discretionary; a local council doesn’t have to issue one before taking enforcement action.

Consult the Government’s website for more information on planning contravention notices.

It is an offence to fail to comply with an Enforcement Notice, once the time limit has been reached and no appeal is outstanding. A person found guilty of an offence is liable to an unlimited fine, and the courts will take account of any financial benefit stemming from the offence. You should immediately obtain professional advice.

The local council does not have to take enforcement action, as it is a discretionary power. An enforcement notice should only be issued if it is in the public interest to do so, and if it is the most expedient way to resolve the breach of planning control.

Consult the Government website for further guidance on enforcement and post-permission matters.

There are seven statutory grounds of appeal against an Enforcement Notice; these are:

• That planning permission ought to be granted, or the condition or limitation should be discharged;
• That the alleged breach of planning control has not occurred;
• That the matters alleged (if they occurred) do not constitute a breach of planning control;
• At the date that the Enforcement Notice was issued, no enforcement action could be taken;
• Copies of the Enforcement Notice were not served in accordance with the Statutory Requirements;
• The steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary either to remedy any breach of planning control or to remedy any injury to amenity which has been caused by any such breach; and/or,
• Any period specified in the notice falls short of what should reasonably be allowed.

Visit the government website for further guidance on the appeal of an enforcement notice.

An enforcement notice is a legal document issued to property owners in the case of a planning control breach. Enforcement notices outline the steps which must be undertaken in order to resolve this breach within a specified timeframe. These steps may include the deconstruction or alteration of a building, the reinstation of a demolished building, or the ceasing of activity on the property.

If the notice is not appealed within the specified time period, it will take effect, and the person in control of development on the property will be required to undertake all steps specified. Further ignoration of an enforcement notice is considered a failure to comply, and a criminal offence.

A breach of planning control, or a planning breach, is defined by law as the starting or continuation of a development without the correct planning permission or failing to comply with conditions or limitations listed in permissions. Developments out with the limits of Permitted Development Rights are also considered a breach of planning control.

Those guilty of serious planning control breaches may be subject to fines, or prosecution.

Planning conditions must be met as a legal requirement. Local Planning Authorities are generally authorised to conduct inspections of the property in order to ensure the development’s compliance to conditions within the planning permission.

Failure to comply with and conditions or stipulations outlined within the planning permission may lead to the issue of an enforcement notice, or to invalidation of the original permission. Following this, failure to comply with the steps set out in the enforcement notice may result in prosecution.  

The Local Planning Authority (LPA) will make decisions on a case-by-case basis as to what is the appropriate action that needs to be taken when a breach of planning control has been identified. This will be dependent on a variety of factors including the type of development the breach involves.

Depending on the route that the LPA chooses to take, there are different periods within which the person receiving the enforcement notice should take action. Some types of notices need to be acted upon within 21 or 22 days, whilst others will expire only after day 28. The notice sent by the LPA will clearly state the reasons for the notice and the timeframes within which appropriate action should be taken, as well as the consequences of inaction within the specified period.

You should NEVER ignore an enforcement notice.

Planning enforcement is the investigation that happens when an alleged breach of planning control occurs, and where a planning control breach is identified. Planning law breaches include not obtaining planning permission, not carrying out works in accordance with permission, planning condition non-compliance or changing the use of sites without permission.

Planning enforcement aims to resolve these using the most appropriate action. A planning enforcement officer is there to guide planning applications, breaches of planning law, retrospective planning applications and enforcement action. A breach of planning control is not usually a criminal offence, however, carrying out unauthorised works to a listed building, the unauthorised display of advertisements or damage to a protected tree may involve a criminal offence.

One of the statutory defences for a planning enforcement case is if the development complained of – whether it is building or change of use – took place more than 10 years ago. This rule has recently changed – see our blog post here.

Essentially, if you’ve openly used land or a building for a particular purpose for 10 or more years, you can claim that the development has become lawful, as no enforcement action can be taken against it. In some circumstances, you don’t need to show 10 years, because of there are interim arrangements following a recent change in the law. It’s always worth asking a planning consultant if you think you may be at risk of enforcement action.

The use or development must not be hidden in any way, and it is for the landowner or applicant to demonstrate that the use or building has been consistent for 10 years, on the balance of the evidence provided.

If you think the 10 year rule might apply to you, contact us today! We can help you get a Certificate of Lawfulness for Existing Use or Development (a CLEUD).