Question 1

What is a planning enforcement notice?

Accepted Answer

A planning enforcement notice is a formal legal notice served by a local planning authority on the owner or occupier of land where a breach of planning control has occurred - typically where development has been carried out without the required planning permission, or where conditions attached to a permission have been breached. The notice specifies: the alleged breach of planning control; the reasons why the authority considers it expedient to issue the notice; the steps required to remedy the breach (which may include demolishing buildings, restoring land to its former condition, or ceasing a use); and the compliance period within which the steps must be completed. The notice comes into effect 28 days after service, giving the recipient time to appeal if they dispute the notice.

Question 2

What are the time limits for planning enforcement?

Accepted Answer

The local planning authority's power to take enforcement action is limited by time. For operational development (building works, engineering operations), the time limit is four years from the date the development was substantially completed - after four years, the authority cannot issue an enforcement notice for that development. For a change of use to use as a single dwelling house, the time limit is also four years. For any other change of use, the time limit is ten years from the date the change of use began. These time limits apply to enforcement notices only - they do not mean the development or use has planning permission, but they do mean the authority cannot require it to be remedied. A Certificate of Lawful Existing Use or Development (CLEUD) can be obtained to formally confirm that the enforcement time limit has expired.

Question 3

How do I appeal an enforcement notice?

Accepted Answer

An enforcement notice can be appealed to the Planning Inspectorate within 28 days of the date the notice is served (not 28 days of receipt). The grounds for appeal are set out in section 174 of the Town and Country Planning Act 1990 and include: (A) that planning permission ought to be granted for the development; (B) that the matters alleged in the notice do not constitute a breach of planning control; (C) that the breach occurred outside the relevant time limit for enforcement; (D) that copies of the notice were not served correctly; (E) that the steps required by the notice exceed what is necessary; (F) that the compliance period is too short. Submitting an appeal suspends the enforcement notice - the compliance period does not run while the appeal is pending. Both the appellant and the local planning authority can make representations to the inspector. If the appeal is dismissed, the notice takes effect and the compliance period begins.

Question 4

What happens if I ignore an enforcement notice?

Accepted Answer

Failing to comply with an enforcement notice after the compliance period has expired is a criminal offence under section 179 of the Town and Country Planning Act 1990, carrying an unlimited fine. The local planning authority can also carry out the remediation works themselves (entering the land, demolishing unauthorised structures, and restoring the site) and recover their costs from the landowner - these costs are registered as a charge on the land. Non-compliance is also registered as a local land charge, which will appear in a local authority search when the property is sold and can significantly affect the property's value and mortgageability. Ignoring an enforcement notice is therefore an extremely serious step. Legal advice should be sought immediately on receipt of an enforcement notice.

Enforcement Notice

Just so you know...