We regularly represent clients facing enforcement action. We appreciate that the initial contact from planning enforcement can be quite a nerve-wracking experience. Whatever situation you find yourself in, if you have received contact from the Council’s enforcement team then the most important things to remember are:

1. Don’t ignore it! If you do not communicate with the council then they may take formal action and 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.

It is important that you seek professional advice and swiftly. The planning system exists to control the development and use of land in the public interest and Council’s view enforcement action as a crucial component of controlling that development. Therefore, all reports of possible breaches of planning control are taken seriously and investigated promptly. We can guide you through the process, investigate the matter with you and help to navigate a way to resolution.

WHAT CONSTITUTES A BREACH OF PLANNING CONTROL

This is defined in the Town and Country Planning Act 1990, Section 171A as:

(a) carrying out development without the required planning permission; or

(b) failing to comply with any condition or limitation subject to which planning permission has been granted.

Examples of a breach of planning control in practice include:

YOUR OPTIONS

It is important to move swiftly and potential strategies may include:

1. Submit a retrospective application; (read more)
2. Submit a Lawful Development Certificate; (learn more)
3. Negotiate with the enforcement officer; (read more.)

The above three options will only be available to you, provided that the Council has not formally served an enforcement notice. A formal enforcement notice is usually a last resort. The council can serve one where they believe it is expedient to do so, in relation to unauthorised development. The notice might request the planning breach to be remedied by alteration, demolition or ceasing an unauthorised use. You have the right to appeal to the Planning Inspectorate against such a notice. If an enforcement notice has been served, then your only options are to either comply with the requirements of the notice or make an appeal.

We handle a high volume of enforcement work and our experienced team can help you to identify the appropriate route and guide you through the process.