What is planning enforcement?
Planning enforcement is the process of investigating and taking action against unauthorised development. Enforcement notices are legal documents that require certain action be taken to remedy a breach of planning control. They are issued where development has taken place without the correct planning permission and the development in question is considered to be unacceptable in planning terms.
Enforcement notices are very serious legal documents and you should always seek professional advice if you receive one. They will normally require that you demolish any unlawful structures or reverse any unauthorised change of use.
The most common type of enforcement action that a council might take is the issuing of an 'enforcement notice', however there are various other ways that a council might take action. These include:
• Issuing of a 'breach of condition notice'
• Issuing of a 'stop notice'
• Issuing of a 'temporary stop notice'
• Issuing of a 'listed building enforcement notice'
• Issuing of a 'breach of condition notice'
• Issuing of a 'stop notice'
• Issuing of a 'temporary stop notice'
• Issuing of a 'listed building enforcement notice'
What different types of enforcement action can be taken?
Never ignore an enforcement notice. Our planning consultants can help you find the best way forward
If you are contacted by your local council about an alleged breach which may lead to the carrying out of formal enforcement action, our planning consultants can negotiate with the enforcement officer to either:
• Submit a retrospective planning application to account for the unauthorised development,
• Submit a certificate of lawfulness application if you believe what is being alleged is immune from enforcement action (10 years since practical completion)
• Appeal the enforcement notice. If you choose to appeal an enforcement notice then the appeal must be lodged within 28 days or by the period specified in the notice if longer than 28 days. If an appeal is not submitted in time, the right to appeal is lost and the enforcement notice takes effect. There may be ways to have the notice withdrawn, such as obtaining planning permission for what is alleged in the breach.
• Submit a retrospective planning application to account for the unauthorised development,
• Submit a certificate of lawfulness application if you believe what is being alleged is immune from enforcement action (10 years since practical completion)
• Appeal the enforcement notice. If you choose to appeal an enforcement notice then the appeal must be lodged within 28 days or by the period specified in the notice if longer than 28 days. If an appeal is not submitted in time, the right to appeal is lost and the enforcement notice takes effect. There may be ways to have the notice withdrawn, such as obtaining planning permission for what is alleged in the breach.
How can Pyramid Planning help?
hello@pyramid-planning.co.uk
The easiest way to get in touch is by filling out our contact form or sending us an email. We aim to get back to you within 24 hours.
Not sure where to start? Send us a message
01189 951049
Reading & the South East and Chester & North Wales
