Enforcement Notices and Planning Contravention Notices.
Our specialists advise clients who have received a Planning Contravention Notice, a Breach of Condition Notice or an Enforcement Notice.
Quick and important decisions are needed.
We can guide you through the process.
The depth of our expert Town and Country Planning Team ensures that we can deal with this particularly complex area and help clients act quickly. We can also assist in matters involving injunctions, prosecutions and statutory nuisance.
We are responsive in advising clients who have received a Planning Contravention Notice, a Breach of Condition Notice or an Enforcement Notice.
We can also assist in matters involving injunctions, prosecutions and statutory nuisance. We understand that speed is vital in enforcement work. The depth of our expert Town and Country Planning Team ensures that we can deal with this particularly complex area and help clients make the quick but important decisions needed.
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An Enforcement Notice is served by a local planning authority on landowners and others with an interest in land where they consider that there has been a planning breach, such as the erection of a building, or a change of use of land, without planning permission, and will set out what the authority requires to be done to remedy the breach and a timeframe for compliance.
Yes – an Enforcement Notice can be appealed to the Planning Inspectorate. There are various Grounds of appeal (e.g. that there has been no planning breach or planning permission should be granted for what has been done) although not every Ground will be relevant to each appeal. The appeal must be lodged before the Enforcement Notice comes into effect, which is usually around 28 days after service of the Notice – so it is very important to move quickly if you intend to appeal, particularly where you want to appoint professional advisers to appeal on your behalf.
It is a criminal offence to fail to adhere to the requirements of an Enforcement Notice once it has taken effect, and a person who is found guilty shall be liable to a fine. In determining the amount of the fine the Court shall have regard to any financial benefit which has accrued or appears likely to accrue in consequence of the offence.
Where steps required by an Enforcement Notice are not taken within the compliance period, the Local Authority have the power to enter the land and undertake those steps, and to recover their costs of undertaking that work from the landowner.
A Planning Contravention Notice (‘PCN’) is served by a local planning authority where it considers that there may be a planning breach and requires further information. Once the response to the PCN has been received by the Council they will then consider whether to serve further enforcement action, such as an Enforcement Notice, or a Breach of Condition Notice.
The Planning Contravention Notice (‘PCN’) should be read carefully and the requested information provided to the local planning authority in writing within 21 days beginning with the day on which the PCN was served. If the requirements of the PCN are not complied with, or if somebody makes a statement which they know to be false or misleading in a material particular, or recklessly makes such a statement which is false or misleading in a material particular, a criminal offence will be committed. If there has been a charge of use or development that requires planning permission, it would be sensible to take advice about submitting a retrospective planning application so as to avoid the Local Authority taking further enforcement action.
Stop Notice/Temporary Stop Notice: A Stop Notice can be standalone or served alongside an Enforcement Notice, it can require specified activities or development to cease. A Temporary Stop Notice is effective for 28 days. There is no right of appeal against a Stop Notice; its validity can only be challenge by application to the High Court. Failure to comply with a Stop Notice is a criminal offence.
Breach of Condition Notice: A breach of condition notice will specify an alleged breach of condition(s) attached to a planning permission and will require compliance with the relevant conditions within a specified timescale. There is no right of appeal against such a Notice. Failure to comply with a Breach of Condition Notice is a criminal offence.
Injunction: the Local Authority can apply to the High Court or County Court for an injunction to restrain a breach of planning control.
