Plainview Planning regularly represent clients facing enforcement action. The two most important things to remember are:

1) Don’t ignore it! Once an enforcement notice takes effect your options become limited;

2) Remember enforcement action is discretionary – early intervention and negotiation is generally preferable to taking the case to appeal.

Types of enforcement action

• Enforcement Notices: These can be served on unauthorised developments.  The notice might request the development breach to be remedied by alteration, demolishment or for the unauthorised use to cease.  You have the right to appeal to the Planning Inspectorate against such a notice.
• Breach of Condition Notice: This is when compliance of a condition attached to the planning permission already granted has not been met. The local planning authority may serve a BCN on any person who is carrying out or has carried out a development, or is the person in control of the land. The breach would have to be corrected within a specified timescale.  There is no right of appeal for these notices.
• Stop Notice: The issuing of an enforcement notice may result in an appeal against it. In such cases the operation of the notice will be suspended until the appeal outcome, in the meantime allowing the operation or activity that the enforcement notice relates to, to continue without penalty.  In this situation the local authority may feel the need to take urgent action to prevent the continuation of the alleged breach and issue a stop notice.  A stop notice is a supplement to an enforcement notice and cannot to be issued independently.
• S 215 Notice: Under this notice the local planning authority can take action against a party where land or building(s) adversely affect the amenity of the surrounding area.  
• Injunctive Action: This is when a breach of planning control is severe or the threat of it becoming severe is great.  Local planning authorities have been granted the power to apply to the High Court or the county court for an injunction to restrain a breach of planning control.  This is normally considered a last resort. 

Your options

There are a number of options open to you – but it is important that you move quickly. Possible options include:

• Submit a retrospective application;
• Submit a Certificate of Lawfulness application;
• Negotiate with the enforcement officer;
• Enforcement appeal.

We can help you choose the appropriate route and take you through the process.

Costs award

Since April 2009 it has been possible to apply to the Planning Inspectorate for some or all of your incurred costs at appeal where the Local Authority have acted unreasonably. We can help construct a case to get your costs back if appropriate.

Project Example

Enforcement Case study

Gloucestershire

• Unauthorised use of garage as dwelling
• Threat of enforcement action
• Cotswold District Council

Plainview Planning was contacted by a concerned home-owner who had received a visit from an enforcement officer investigating the use of a garage as a dwelling. We took over the negotiation and presented a robust case to the officer to prove that the use was lawful and caused no harm. The Council consulted with their legal department and eventually had to back down with no legal justification for pursuing the enforcement case.

It is always preferable for us to step in quickly and try and avoid the formal enforcement notice being issued. Our client acted quickly, and we managed to resolve the situation within 5 days.

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